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KANSAS HEALTH CARE, ASSOC. v. KANSAS DEPT. OF SOC. & REH.

No. 93-3182.

31 F.3d 1536 (1994)

KANSAS HEALTH CARE ASSOCIATION, INC.; Kross Development Company, Inc., doing business as Rossville Valley Manor; Vintage Group, Inc., doing business as Gatewood Care Center; Innovative Health of Kansas, Inc., doing business as Lakewood Health Care Center; Americare Properties, Inc., doing business as Pleasant Valley Manor and Moran an Manor; Riverview Manor, Inc., doing business as Riverview Manor, for themselves and all others similarly situated, Plaintiffs-Appellees, v. KANSAS DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES; Donna Whiteman, Secretary, Kansas Department of Social and Rehabilitation Services, Defendants-Appellants. American Health Care Association, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied September 7, 1994.

Attorney(s) appearing for the Case

Phyllis D. Thompson, Covington & Burling, Washington, DC (Vicki J. Larson and Alicia M. Strohl, Covington & Burling, Washington, DC, and Bruce A. Roby, Dept. of Social and Rehabilitation Services, Topeka, KS, with her on the briefs), for appellants.

Kevin M. Fowler (John C. Frieden and Randall J. Forbes with him on the briefs), Frieden, Haynes & Forbes, Topeka, KS, for appellees.

Joel M. Hamme and Joseph W. Metro, Reed Smith Shaw & McClay, Washington, DC, on the briefs, for amicus curiae, American Health Care Ass'n.

Before ANDERSON and TACHA, Circuit Judges, and ROSZKOWSKI, Senior District Judge.

STEPHEN H. ANDERSON, Circuit Judge.

Defendants appeal from orders of the district court imposing a mandatory preliminary injunction and awarding plaintiffs interim relief on their claim that defendants' Medicaid payment plan for nursing home facilities violated federal law. We affirm.

BACKGROUND

Plaintiff Kansas Health Care Association, Inc. ("KHCA") is a nursing home trade association representing approximately half of the 400 nursing homes in Kansas...

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