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NASSAU NURSING HOME v. HECKLER

No. CV 84-4901.

614 F.Supp. 1091 (1985)

NASSAU NURSING HOME, Plaintiff, v. Margaret M. HECKLER, as Secretary of the United States Department of Health and Human Services and David Axelrod, as Commissioner of the State Department of Health of the State of New York, Defendants.

United States District Court, E.D. New York.

August 2, 1985.

Attorney(s) appearing for the Case

Solomon & Rosenblum, Dreschler & Leff, New York City, for plaintiff.

Raymond J. Dearie, U.S. Atty. by Patricia Galvin, Asst. U.S. Atty., Brooklyn, N.Y., for defendants.

MEMORANDUM AND ORDER

WEXLER, District Judge.

This action raises questions concerning the procedures which the Secretary of Health and Human Services must employ when the Secretary imposes a ban upon Medicare and Medicaid admissions to a skilled nursing facility pursuant to 42 U.S.C. § 1395cc(f)(1).

I. FACTS

Plaintiff Nassau Nursing Home has entered into a provider agreement with the defendant Secretary, under which plaintiff may provide...

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