ILLINOIS COUNCIL ON LONG TERM CARE INC., Plaintiff-Appellant,
v.
Donna E. SHALALA, Secretary of Health and Human Services, et al., Defendants-Appellees.
United States Court of Appeals, Seventh Circuit.https://leagle.com/images/logo.png
Argued December 5, 1997.
Decided May 8, 1998.
Rehearing and Suggestion for Rehearing Denied August 13, 1998.
Attorney(s) appearing for the Case
Brian E. Neuffer (argued), Neil Holmen, Winston & Strawn, Chicago, IL, for Plaintiff-Appellant.
Thomas P. Walsh, Office of the United States Attorney, Civil Division, Chicago, IL, Kathy M. Mueller, United States Department of Justice, Federal Programs Branch — Civil Division, Washington, DC, Barbara C. Biddle, Jeffrey Clair (argued), Department of Justice, Civil Division, Appellate Section. Washington, DC, for Defendant-Appellee Shalala.
Kathy M. Mueller, United States Department of Justice, Federal Programs Branch — Civil Division, Washington, DC, Barbara C. Biddle, Jeffrey Clair (argued), Department of Justice, Civil Division, Appellate Section, Washington, DC, for Defendant-Appellee Tirone.
James C. O'Connell (argued), Office of the Attorney General, Chicago, IL, for Defendant-Appellee Lumpkin.
Pamela B. Small, Proskauer, Rose, Goetz & Mendelsohn, Washington, DC, Richard M. Esenberg, Kevin J. Clancy, Foley & Lardner, Chicago, IL, Malcolm J. Harkins, Proskauer, Rose, Goetz & Mendelsohn, Washington, DC, for Amicus Curiae American Health Care Association.
Before EASTERBROOK, DIANE P. WOOD, and EVANS, Circuit Judges.
United States Court of Appeals, Seventh Circuit.
Rehearing and Suggestion for Rehearing En Banc Denied August 13, 1998.*
EASTERBROOK, Circuit Judge.
Nursing homes that want reimbursement under the Medicare or Medicaid programs must comply with regulations specifying minimum health and safety standards. Statutory criteria were enacted in 1987, see 42 U.S.C. § 1395i-3(a) to (d) (Medicare), § 1396r(a) to (d) (Medicaid), but implementing regulations were not issued until...
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