ALABAMA NURSING HOME ASS'N v. CALIFANO

Civ. A. No. 77-52-N.

465 F.Supp. 1183 (1979)

ALABAMA NURSING HOME ASSOCIATION, an unincorporated association, James H. Estes Enterprises, Inc., d/b/a Estes Health Care Center East, Estes Nursing Home, Inc., d/b/a Estes Health Care Center West, James Estes, d/b/a Estes Health Care Center Double Springs, James H. Estes, d/b/a Estes Health Care Center Riverchase, Cottage Hill Nursing Homes, Inc., d/b/a Cottage Hill Nursing Home, Lakeview Manor, Inc., d/b/a Lakeview Manor, Falkville Nursing Home, Inc., d/b/a Falkville Nursing Home, Perry County Hospital Association, Inc., d/b/a Perry County Nursing Home, Plaintiffs, v. Joseph CALIFANO, Jr., Secretary of Health, Education and Welfare, the Department of Health, Education and Welfare, Clayton H. Schmidt, M.D., as Chief, Medical Services Administration, Honorable George C. Wallace, as the "Single State Agency" for Administration of the Alabama Medicaid Program, and Jack E. Worthington, as Alabama Commissioner for Medical Assistance, Defendants. Alabama Education Association, Robert Albright, Ann Hubbert, Darren Owens, by and through his next friend, Aneta Owens, and David Taffet, by and through his next friend, Linda Taffet, Intervening Defendants.

United States District Court, M. D. Alabama, N. D.

February 23, 1979.


Attorney(s) appearing for the Case

Sikes, Kelly, Edwards & Bryant, Selma, Ala., and Pierson, Ball & Dowd, Washington, D. C., for plaintiffs.

Barry E. Teague, U. S. Atty., Montgomery, Ala., and Eugene Tillman, Dept. of HEW, Human Resources Div., Washington, D. C., for Califano and Dept. of HEW.

William K. Martin, Henry C. Barnett, Herman H. Hamilton, Jr., Sp. Asst. Attys. Gen., Montgomery, Ala., for Schmidt, Wallace & Worthington.

Hobbs, Copeland, Franco & Screws, Montgomery, Ala., for intervening defendants.


MEMORANDUM OPINION

VARNER, District Judge.

This suit was originally filed by the Alabama Nursing Home Association on February 1, 1977, challenging the Medicaid method of reimbursement to nursing home facilities in Alabama. This cause is submitted for final judgment on the record.

In an Order dated July 12, 1977, this Court found that the Plaintiffs had standing to maintain this suit and found it undisputed that the ceilings on payment rates under...

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