MI ASS'N OF HOMES & SERVICES FOR AGING v. SHALALA

No. 96-1833.

127 F.3d 496 (1997)

MICHIGAN ASSOCIATION OF HOMES AND SERVICES FOR THE AGING, INC., a Michigan nonprofit corporation, Plaintiff-Appellant, v. Donna E. SHALALA, in her capacity as Secretary of Health & Human Services; Anthony J. Tirone, in his capacity as Director, Office of Survey and Certification, Health Standards and Quality Bureau, of the Health Care Financing Administration, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 7, 1997.

Rehearing and Suggestion for Rehearing Denied December 17, 1997.


Attorney(s) appearing for the Case

Richard J. Landau (briefed), Dykema Gossett, Ann Arbor, MI, Mark H. Gallant (argued and briefed), Cozen & O'Connor, Philadelphia, PA, for Plaintiff-Appellant.

Barbara C. Biddle (briefed), U.S. Department of Justice, Appellate Staff, Civil Division, Kathleen M. Mueller (argued and briefed), U.S. Department of Justice, Civil Division, Washington, DC, Mary S. Rigdon (briefed), Asst. U.S. Attorney, Office of the U.S. Attorney, Detroit, MI, for Defendants-Appellees.

Laurie J. Michelson (briefed), Butzel Long, Detroit, MI, Malcolm J. Harkins (briefed), Laura J. Oberbroeckling (briefed), Proskauer, Rose, Goetz & Mendelsohn, Washington, DC, James E. Stewart (briefed), Butzel Long, Ann Arbor, MI, for Amicus Curiae.

Before: MERRITT, RYAN, and GIBSON, Circuit Judges.


Rehearing and Suggestion for Rehearing En Banc Denied December 17, 1997.

MERRITT, Circuit Judge.

An association of Michigan nursing homes brings a facial challenge to Medicare and Medicaid regulations and the defendants' policies and practices regarding nursing home examinations, certification, administration and enforcement and appeal. These regulations and policies implement the Omnibus Budget Reconciliation Act of 1987, which sought to reform the nursing...

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