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MICHIGAN HOSP. ASS'N v. DEPT. OF SOCIAL SERVICES

No. L89-40070.

738 F.Supp. 1080 (1990)

MICHIGAN HOSPITAL ASSOCIATION, a Michigan nonprofit corporation; Bay Medical Center, a Michigan nonprofit corporation; Berrien County General Hospital, a county health facility; Botsford General Hospital, a Michigan nonprofit corporation; Carson City Hospital, a Michigan nonprofit corporation; Edward W. Sparrow Hospital, a Michigan nonprofit corporation; Ionia County Memorial Hospital, a municipally owned hospital; Lansing General Hospital, a Michigan nonprofit corporation; Macomb Hospital Center, a division of Detroit-Macomb Hospital corporation, a Michigan nonprofit corporation; Mercy Memorial Medical Center, Inc., a Michigan nonprofit corporation; St. Luke's Hospital, a Michigan nonprofit corporation; and Schoolcraft Memorial Hospital, a county health facility; individually and on behalf of all others similarly situated, Plaintiffs, v. DEPARTMENT OF SOCIAL SERVICES, an agency of the State of Michigan; C. Patrick Babcock, Director of the Michigan Department of Social Services; Department of Health and Human Services; and Louis W. Sullivan, Secretary of the Department of Health and Human Services, Defendants.

United States District Court, W.D. Michigan.

January 8, 1990.

Attorney(s) appearing for the Case

Frederick M. Baker, Jr., Honigman, Miller, Schwartz & Cohn, Lansing, Mich., for plaintiffs.

Robert S. Welliver, Frank J. Kelley, Atty. Gen., Janis Meija, Asst. Atty. Gen., Robert S. Welliver, [COR LD NTC] Lansing, Mich., Christopher D. Dobyns, Asst. Atty. Gen., Daniel M. LaVille, Asst. U.S. Atty., John A. Smietanka, U.S. Atty., Grand Rapids, Mich., Barbara F. Altman, Dept. of Health & Human Services, Chicago, Ill., for defendants.

OPINION

ENSLEN, District Judge.

This matter is before the Court on the federal defendants' motion to dismiss. In this action the Michigan Hospital Association ("MHA") and a number of individual hospitals (collectively, "plaintiffs"), challenge the hospital reimbursement rates set by the State under the Medicaid program pursuant to Title XIX of the Social Security Act, 42 U.S.C. § 1396, et seq. Plaintiffs bring their claim under 42 U.S.C. §...

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