STATE OF FLA. v. MATHEWS

No. 75-1905.

526 F.2d 319 (1976)

STATE OF FLORIDA, Florida Board of Examiners of Nursing Home Administrators, and its members, Individually, and as members, American College of Nursing Home Administrators, et al., Plaintiffs-Appellants, v. F. David MATHEWS, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 23, 1976.


Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Robert Woolfork, James D. Whisenand, Carol L. Reilly, Asst. Attys. Gen., Tallahassee, Fla., Wm. A. Geoghegan, Sp. Asst. Atty. Gen., Washington, D.C., for State of Fla., and others.

George D. Webster, Arthur L. Herold, Washington, D.C., for American College of Nursing, Etc.

Clinton Ashmore, U.S. Atty., Pensacola, Fla., Robert E. Kopp, David M. Cohen, App. Sect., Civ. Div., Dept. of Justice, Washington, D.C., for defendant-appellee.

Before COLEMAN, CLARK and INGRAHAM, Circuit Judges.


INGRAHAM, Circuit Judge:

The primary issue in this case involves the validity of 45 CFR § 252.10(b)(3),1 a portion of the regulation that governs state programs for licensing administrators of nursing homes which participate in the federal medical assistance program (Medicaid).

Medicaid2 is a federal-state cooperative program that enables participating...

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