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GRANVILLE HOUSE v. DEPT. OF HEALTH & HUMAN SERV.

No. 83-1062.

715 F.2d 1292 (1983)

GRANVILLE HOUSE, INC., Appellee, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Appellant, Arthur E. Noot as Commissioner of Public Welfare for the State of Minnesota.

United States Court of Appeals, Eighth Circuit.

Decided August 18, 1983.

Attorney(s) appearing for the Case

James M. Rosenbaum, U.S. Atty., Mary Egan, Asst. U.S. Atty., Minneapolis, Minn., Donna Morros Weinstein, Regional Atty., Carolyn Cozad Hughes, Asst. Regional Atty., U.S. Dept. of Health and Human Services, Chicago, Ill., for appellant.

Warren P. Eustis and Jay T. Hartman, Gilmore, de Lambert, Aafedt, Eustis & Forde, P.A., Minneapolis, Minn., for appellee.

Before HEANEY, Circuit Judge, and FLOYD R. GIBSON and ROSENN, Senior Circuit Judges.

HEANEY, Circuit Judge.

This case involves a challenge to the interpretation of the phrase "institutions for mental disease" contained in the Medicaid Act. The district court held that the interpretation adopted by the Department of Health and Human Services (HHS), to include the diseases of chemical dependency and alcoholism within the term "mental diseases," was unreasonable. We reverse in part and remand to the district...

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