STATE DEPT. OF H. SERV. v. SEC. OF H. & H. SERV.

Nos. 82-3421, 83-1427.

744 F.2d 32 (1984)

STATE of Michigan, DEPARTMENT OF HUMAN SERVICES, Petitioner-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 14, 1984.


Attorney(s) appearing for the Case

Frank J. Kelley, Atty. Gen., Robert N. Rosenberg, argued, Asst. Atty. Gen., Louis J. Caruso, Sol. Gen., Lansing, Mich., for appellant in No. 83-1427.

John A. Smietanka, U.S. Atty., Thomas J. Gezon, Asst. U.S. Atty., Grand Rapids, Mich., Thomas W. Crawley, Jaclyn C. Taner, argued, Office of the Gen. Counsel, Dept. of Health & Human Services, Washington, D.C., for appellee in No. 83-1427.

Robert N. Rosenberg, argued, Asst. Atty. Gen., Frank J. Kelley, Atty. Gen., Louis J. Caruso, Sol. Gen., Lansing, Mich., for appellant in No. 83-3421.

Margaret Heckler, Secretary, Office of the Secretary, U.S. Dept. of Health and Human Services, Jaclyn C. Taner, argued, Office of Gen. Counsel, Washington, D.C., for appellee in No. 83-3421.

Before EDWARDS and JONES, Circuit Judges, and PHILLIPS, Senior Circuit Judge.


PHILLIPS, Senior Circuit Judge.

This litigation involves an issue of federal participation in State payments to nursing homes for Medicaid services under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq. The Michigan Department of Social Services made payments to 22 nursing homes for long term care provided to individual patients during the period from October 1, 1978 through September 30, 1979. The State filed claim for approximately $5.5...

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