HATHAWAY v. MATHEWS

No. 76-1370.

546 F.2d 227 (1976)

Laura HATHAWAY, d/b/a R.N. Nursing Home, Plaintiff-Appellant, v. David MATHEWS, Secretary, United States Department of Health, Education & Welfare, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 21, 1976.


Attorney(s) appearing for the Case

David F. McNamar, Indianapolis, Ind., for plaintiff-appellant.

James B. Young, U. S. Atty., John Daniel Tinder, Asst. U. S. Atty., Theodore L. Sendak, Atty. Gen., Arthur T. Perry, Deputy Atty. Gen., Indianapolis, Ind., for defendants-appellees.

Before CLARK, Associate Justice (Retired), and SWYGERT and CUMMINGS, Circuit Judges.


SWYGERT, Circuit Judge.

In this case appellant challenges the decision of the Department of Health, Education and Welfare (HEW) to terminate Medicaid benefits allocated for patients in the nursing home that she operates because the home allegedly does not comply with federal standards. She contends that HEW may not cut off Medicaid payments without first granting her notice of the alleged violations and a hearing in which she can attempt to demonstrate that the home...

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