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KANSAS HEALTH CARE v. KANSAS DSRS

No. 91-3029.

958 F.2d 1018 (1992)

KANSAS HEALTH CARE ASSOCIATION, INC., on Behalf of Their Members and All Other Similarly Situated Nursing Facility Providers Certified by the State of Kansas to Participate in the Kansas Medicaid Program; Kansas Association of Homes for the Aging, Inc., on Behalf of Their Members and All Other Similarly Situated Nursing Facility Providers Certified by the State of Kansas to Participate in the Kansas Medicaid Program, Plaintiffs-Appellees, v. KANSAS DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES; Dr. Robert C. Harder, Acting Secretary of Kansas Department of Social and Rehabilitation Services, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

March 12, 1992.

Attorney(s) appearing for the Case

Bruce Roby (Robert F. Bennett and Patrick D. Gaston, of Bennett, Lytle, Wetzler, Winn & Martin, Prairie Village, Kan., with him on the briefs), Office of the General Counsel, Dept. of Social and Rehabilitation Services, Topeka, Kan., for defendants-appellants.

Jeffrey A. Chanay (William E. Enright, Scott, Quinlan & Hecht, with him on the briefs), Entz & Chanay, Topeka, Kan., for plaintiffs-appellees.

Before ANDERSON, TACHA and BALDOCK, Circuit Judges.

TACHA, Circuit Judge.

Defendants Kansas Department of Social and Rehabilitation Services (SRS) and Dr. Robert C. Harder appeal the district court's order preliminarily enjoining implementation of the Medicaid reimbursement rate freeze established by Kansas' State Plan Amendment TN-90-44, the reimbursement schedule established by State Plan Amendment TN-90-06, and the defendants from reimbursing Medicaid providers at rates not in compliance with federal law.

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