MAGEE-WOMENS HOSP. v. HECKLER

Civ. A. No. 83-722.

562 F.Supp. 483 (1983)

MAGEE-WOMENS HOSPITAL, Plaintiff, v. Margaret M. HECKLER, Secretary of Health and Human Services, et al., Defendants.

United States District Court, W.D. Pennsylvania.

May 3, 1983.


Attorney(s) appearing for the Case

J. Jerome Mansmann, Pittsburgh, Pa., for plaintiff.

Diane Moskal, U.S. Dept. of Health and Human Services, Philadelphia, Pa., for Margaret Heckler, Secretary of the U.S. Dept. of Health and Human Services; Carolyn K. Davis, Administrator of the Health Care Financing Administration, U.S. Dept. of Health and Human Services; Everett F. Bryant, Regional Administrator of the Health Care Financing Administration, U.S. Dept. of Health and Human Services; Peter Goodman, Medicaid Program Specialist, U.S. Dept. of Health and Human Services, Medicare Regional Office.

Kathleen McGrath, Deputy Atty. Gen., Harrisburg, Pa., for Walter Cohen, Secretary of the Com. of Pa. Dept. of Public Welfare; Gerald F. Radke, Deputy Secretary for Medical Assistance, Pa. Dept. of Public Welfare.

J. Alan Johnson, U.S. Atty., Albert Schollaert, Asst. U.S. Atty., Pittsburgh, Pa., Karen L. Galli, Deputy Counsel, Dept. of the Auditor General, Harrisburg, Pa., for Al Benedict, Auditor General of the Com. of Pa.


OPINION

WEBER, District Judge.

By this action plaintiff seeks a declaratory judgment that certain Medicaid regulations passed by the Pennsylvania Department of Public Welfare (DPW) are invalid and unenforceable. Plaintiff also seeks to have this court enjoin the enforcement of the subject regulations. Plaintiff in its complaint has alleged that the regulations were improperly adopted, the regulations do not conform with substantive requirements of the Medicaid...

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