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OHIO HOSP. ASSN. v. OHIO DHS

No. 90-1580.

62 Ohio St.3d 97 (1991)

OHIO HOSPITAL ASSOCIATION ET AL., APPELLEES, v. OHIO DEPARTMENT OF HUMAN SERVICES, APPELLANT.

Supreme Court of Ohio.

Decided November 13, 1991.

Attorney(s) appearing for the Case

Bricker & Eckler, James J. Hughes, Jr. and Catherine M. Ballard, for appellees.

Lee I. Fisher, Attorney General; Rishel, Myers & Kopech, James R. Rishel and David E. Northrop, Special Counsel, for appellant.

WRIGHT, J.

This case raises the following four issues: (1) whether former Ohio Adm.Code 5101:3-2-20 violates Section 1396a(a)(30)(A), Title 42, U.S.Code; (2) if so, whether the violation of federal Medicaid standards also violates former R.C. 5111.02(D); (3) whether the state is immune from suit for reimbursement of monies withheld under an invalid administrative rule; and (4) whether Section 1983, Title 42, U.S.Code...

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