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ALABAMA NURSING HOME ASS'N v. HARRIS

No. 79-1694.

617 F.2d 388 (1980)

ALABAMA NURSING HOME ASSOCIATION, etc. et al., Plaintiffs-Appellants, v. Patricia Roberts HARRIS, Secretary of Health and Human Services et al., Defendants-Appellees, v. ALABAMA EDUCATION ASSOCIATION et al., Intervening Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 7, 1980.

Attorney(s) appearing for the Case

John W. Kelly, III, Stanley B. Sikes, Selma, Ala., for plaintiffs-appellants.

Eugene Tillman, Dept. of H. E. W., Human Resources Div., Jeffrey Golland, Robert Jaye, Washington, D. C., Kenneth E. Vines, Asst. U. S. Atty., Montgomery, Ala., for Joseph A. Califano, Jr., etc.

Herman H. Hamilton, Jr., William K. Martin, Sp. Asst. Attys. Gen., Henry C. Barnett, Jr., Montgomery, Ala., for Forrest James and all State defendants-appellees.

Before CHARLES CLARK, RONEY and HENDERSON, Circuit Judges.

CHARLES CLARK, Circuit Judge:

The Alabama Nursing Home Association and nine non-member institutions doing business in the long-term health care industry in Alabama1 brought this action challenging the Medicaid reimbursement methodology currently used in the State of Alabama. They contended that (1) the Alabama program does not comply with 42 U.S.C. § 1396a(a)(13)(E), which requires reasonable cost related reimbursement, (2) the State...

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