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H.E.A. OF MASSACHUSETTS, INC. v. BOWEN

Civ. A. No. 87-2023-Z.

685 F.Supp. 13 (1987)

H.E.A. OF MASSACHUSETTS, INC., d/b/a Jamaica Towers Nursing Home v. Otis R. BOWEN, M.D., as he is the Secretary of Health and Human Services, the Massachusetts Department of Public Health, Stephen W. Havas, M.D., as he is the acting Massachusetts Commissioner of Public Health, the Massachusetts Department of Public Welfare, and Charles Atkins, as he is the Massachusetts Commissioner of Public Welfare.

United States District Court, D. Massachusetts.

August 18, 1987.

Attorney(s) appearing for the Case

Kenneth A. Behar, Behar & Kalman, Boston, Mass., for plaintiffs.

Robbins, Asst. U.S. Atty., for defendants.

MEMORANDUM OF DECISION

ZOBEL, District Judge.

In light of the finding of the Massachusetts Department of Public Health ("DPH") that conditions at the Jamaica Towers Nursing Home ("Jamaica Towers") were such as to place its patients' health and safety in immediate jeopardy, the United States Department of Health and Human Services ("the Department") terminated Jamaica Towers' certification as a Medicare/Medicaid provider as of August 11, 1987.

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