LOMOND VIEW NURSING HOMES, INC., and Alyce-Robb Nursing Home, Inc., Plaintiffs-Appellants,
v.
Joseph A. CALIFANO, Jr., Secretary, Department of Health, Education and Welfare, and State of Utah Department of Social Services, Defendants-Appellees.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
Argued October 14, 1980.
Decided January 29, 1981.
Attorney(s) appearing for the Case
Gordon A. Madsen (Vernon B. Romney and Robert C. Cummings, Salt Lake City, Utah, with him on brief) of Romney, Madsen & Cummings, Salt Lake City, Utah, for plaintiffs-appellants.
Wallace Boyack, Asst. U. S. Atty., Salt Lake City, Utah (Ronald L. Rencher, U. S. Atty., Salt Lake City, Utah, with him on brief, Jeffrey P. Golland, Dept. of Health, Ed. and Welfare, Washington, D. C., of counsel), for defendant-appellee Joseph A. Califano, Jr., Secretary, Dept. of Health, Ed. and Welfare.
Bernard M. Tanner, Asst. Atty. Gen., State of Utah (Robert B. Hansen, Atty. Gen. and Mary M. Howarth, Sp. Asst. Atty. Gen., Salt Lake City, Utah, with him on brief), Salt Lake City, Utah, for appellee State of Utah Dept. of Social Services.
Before SETH, Chief Judge, and BREITENSTEIN and BARRETT, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
SETH, Chief Judge.
The plaintiffs are the owners and operators of several nursing homes in Utah. The homes are considered intermediate care facilities (42 U.S.C. § 1396d(c)) and the care is provided under Title XIX of the Social Security Act as Medicaid under provider agreements with the state. This action concerns the termination of the agreements with the several homes. The plaintiffs claim damages for what they assert...
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