NEBRASKA HEALTH CARE ASS'N v. DUNNING

No. 84-2397.

778 F.2d 1291 (1985)

The NEBRASKA HEALTH CARE ASSOCIATION, INC., a Nebraska Nonprofit Corporation; the Evangelical Lutheran Good Samaritan Society, a North Dakota Nonprofit Corporation; W.S.T. Care, Inc., d/b/a Crestview Care Center, a Nebraska Corporation, Appellees, v. Gina DUNNING, Director of the Nebraska Department of Public Welfare; Kay C. Orr, Treasurer of the State of Nebraska; Clifton A. Sexton, Jr., Director of Administrative Services, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed December 9, 1985.

As Amended on Denial of Rehearing February 25, 1986.


Attorney(s) appearing for the Case

Michael Rumbaugh, General Counsel, Lincoln, Neb., for appellants.

Royce N. Harper, Asst. Atty. Gen., Lincoln, Neb., for appellees.

Before LAY, Chief Judge, ARNOLD, Circuit Judge, and REGAN, Senior District Judge.


ARNOLD, Circuit Judge.

The question presented is whether certain Nebraska statutes regulating reimbursement to providers of nursing-home services under the Medicaid program conflict with the requirement of the Social Security Act, 42 U.S.C. § 1396a(a)(13)(A) that reimbursement rates must be "reasonable and adequate to meet the costs which must be incurred by efficiently and economically operated facilities...." The plaintiffs, representing operators of long-term...

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