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WASHINGTON STATE HEALTH FACILITIES, ASS'N v. STATE OF WASHINGTON, DSHS

No. 87-3882.

879 F.2d 677 (1989)

WASHINGTON STATE HEALTH FACILITIES, ASSOCIATION, a Washington corporation; Ulysses Rowell, Jr. and Virginia Rowell, a marital community; Philip Gayton and Beverly Gayton, a marital community; Triple C Convalescent Centers, a partnership; and Andrew Branch, Plaintiffs-Appellees, v. STATE OF WASHINGTON, DEPARTMENT OF SOCIAL AND HEALTH SERVICES; and Gerald Thompson, Secretary, Washington State Department of Social and Health Services, Defendants-Appellants, v. CENTENNIAL VILLAS, INC., a Washington corporation; Villa Care, Inc., a Washington corporation; and Unicare, Inc., a Washington corporation, Plaintiffs-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 14, 1989.

Attorney(s) appearing for the Case

Allen T. Miller, Jr., Asst. Atty. Gen., Olympia, Wash., for defendants-appellants.

James R. Watt, Peter A. Deming, and Thomas H. Grimm, Inslee, Best, Doezie & Ryder, P.S., Bellevue, Wash., for plaintiffs-appellees.

Jerry Kindinger, Richard J. Howard, and Thao Tiedt, Ryan, Swanson & Cleveland, Seattle, Wash., for plaintiffs-intervenors-appellees.

Before WRIGHT, WALLACE and HUG, Circuit Judges.

OPINION

HUG, Circuit Judge:

This case concerns the establishment of the effective date of an amendment to the Washington State Medicaid Plan. The Department of Social and Health Services of the State of Washington ("DSHS") adopted a regulation that changed the method of reimbursement to health care providers under the federally adopted Washington State Medicaid Plan. In an earlier decision, we held that in order to implement that regulation it was necessary...

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