GREEN v. CASHMAN

Nos. 77-3288, 77-3289.

605 F.2d 945 (1979)

Annie GREEN, dba Christian Home For The Aged, Plaintiff-Appellee, v. John R. CASHMAN, Director, Ohio Department of Health, et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided September 14, 1979.


Attorney(s) appearing for the Case

William J. Brown, Atty. Gen., William J. McDonald, Richard J. Nagle, Jr., Thomas W. Hess, Asst. Attys. Gen., Columbus, Ohio, Sarah Willis Wilcox, Galen Powers, Washington, D.C., for defendants-appellants in No. 77-3288.

Richard F. Swope, Thompson, Swope, Burns & Biswas, Reynoldsburg, Ohio, for plaintiff-appellee in No. 77-3288.

James C. Cissell, U. S. Atty., Albert R. Ritcher, Asst. U. S. Atty., Columbus, Ohio, Sarah Willis Wilcox, Dept. of H.E.W., Washington, D.C., for defendants-appellants in No. 77-3289.

Before EDWARDS, Chief Judge, KEITH, Circuit Judge, and CECIL, Senior Circuit Judge.


EDWARDS, Chief Judge.

This case, as briefed before this court, posed the question as to whether or not the Ohio Department of Health, which contracted for Medicaid payments1 to a nursing home operated by Annie Green may terminate said Medicaid payments on the ground that Mrs. Green's nursing home is not safe for occupancy by Medicaid recipients without a prior due process hearing. The District...

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