No. 90-5306.

936 F.2d 1284 (1991)

GRAY PANTHERS ADVOCACY COMMITTEE, et al., Appellants, v. Louis W. SULLIVAN, M.D., Secretary, Department of Health and Human Services, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 18, 1991.

Rehearing Denied September 12, 1991.

Attorney(s) appearing for the Case

Toby Edelman, with whom Patricia Nemore was on the brief, Washington, D.C., for appellants.

Michael E. Robinson, Atty., Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty., and Barbara C. Biddle, Atty., Dept. of Justice, were on the brief, Washington, D.C., for appellee.

Before MIKVA, Chief Judge, and SENTELLE and HENDERSON, Circuit Judges.

Rehearing En Banc Denied September 12, 1991.

Opinion for the court filed by Circuit Judge HENDERSON.

HENDERSON, Circuit Judge:

At issue in this appeal are regulations promulgated by the Health Care Financing Administration of the Department of Health and Human Services (HHS or the Department) governing the requirements that a nursing home must meet for its services to be covered under Medicare and Medicaid. The appellants, plaintiffs below, are nursing...

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