WAYSIDE FARM, INC. v. U.S. DEPT. OF HHS

No. 87-3826.

863 F.2d 447 (1988)

WAYSIDE FARM, INC., et al., Plaintiffs-Appellees, v. The UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES; William L. Roper, in his official capacity as Administrator, Health Care Financing Administration; Barbara Gagel, in her official capacity as Regional Administrator, United States Department of Health & Human Services; Chester C. Stroyny, in his official capacity as Associate Regional Administrator, Division of Health Standards & Quality Health Care Financing Administration, United States Department of Health & Human Services; David Wells, in his official capacity as Former Chief of the Survey and Certification Operations Branch of the Division of Health Standards and Quality, Health Care Financing Administration, United States Department of Health and Human Services; The Ohio Department of Human Services; Patricia Barry, in her official capacity as Director, Department of Human Services, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided December 13, 1988.


Attorney(s) appearing for the Case

Michael Anne Johnson, Asst. U.S. Atty. (argued), Cleveland, Ohio, for defendants-appellants.

Dennis A. Roth, Roth & Roth, Carol Rolf, Timothy N. Toma, David D. Noble, (argued), Cleveland, Ohio, for plaintiffs-appellees.

Before MARTIN and WELLFORD, Circuit Judges, and JARVIS, District Judge.


BOYCE F. MARTIN, Jr., Circuit Judge.

The United States Department of Health and Human Services appeals the order of the district court enjoining the department from terminating plaintiff Wayside Farms, Inc., from its Medicaid funding and provider agreement. The issue before us, one of first impression, is whether the Secretary may discontinue Medicaid benefits to an intermediate care nursing facility subsequent to a determination by an administrative law judge that...

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