OTTIS v. SHALALA

No. 1:92-CV-426.

862 F.Supp. 182 (1994)

Pearllean OTTIS et al., Plaintiffs, v. Donna SHALALA et al., Defendants.

United States District Court, W.D. Michigan, Southern Division.

January 27, 1994.


Attorney(s) appearing for the Case

Michael O. Nelson, Legal Aid of Western Mich., William J. Brennan, Dykema, Gossett, Grand Rapids, MI, for Pearllean Ottis, Lettie Cross, Goldie Gleason, Genevieve McCoy.

Daniel M. LaVille, Asst. U.S. Atty., Michael H. Dettmer, U.S. Atty., Grand Rapids, MI, Stuart M. Gerson, Sheila M. Lieber, U.S. Dept. of Justice, Civ. Div., Federal Programs Branch, James J. Gilligan, U.S. Dept. of Justice, Civ. Div., Jeffrey Golland, Dept. of Health & Human Services, Office of the Gen. Counsel, Washington, DC, for Donna Shalala.

Daniel M. LaVille, Asst. U.S. Atty., Grand Rapids, MI, Stuart M. Gerson, Sheila M. Lieber, U.S. Dept. of Justice, Civ. Div., Federal Programs Branch, James J. Gilligan, U.S. Dept. of Justice, Civ. Div., Jeffrey Golland, Dept. of Health & Human Services, Office of the Gen. Counsel, Washington, DC, for Lewis Sullivan.

Erica Weiss Marsden, Asst. Atty. Gen., Frank J. Kelley, Atty. Gen., Lansing, MI, for Gerald H. Miller.

R. Philip Brown, Asst. Atty. Gen., Frank J. Kelley, Atty. Gen., Public Health Div., Lansing, MI, for Vernice Davis Anthony.

David Lebenbom, David Lebenbom, P.C., Troy, MI, for Health Care Association of Mich.

Mark R. Smith, Clary, Nantz, Wood, Hoffius, et al., Grand Rapids, MI, for Michigan County Medical Care Facilities Counsil.


OPINION

BENJAMIN F. GIBSON, Chief Judge.

Plaintiffs are residents of Michigan nursing homes which receive federal and state funding through the Medicare and/or Medicaid programs. They allege that defendants have not implemented enforcement procedures and remedies against noncomplying nursing homes required by the Nursing Home Reform Law, 1987 Pub.L. 100-203, as amended, which is part of the Omnibus Budget Reconciliation Act of 1987. Plaintiffs request...

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