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COMMUNITY HEALTH CARE ASS'N OF NEW YORK v. DEPARLE

No. 98 Civ. 4539(BDP).

69 F.Supp.2d 463 (1999)

COMMUNITY HEALTH CARE ASSOCIATION OF NEW YORK, Peekskill Area Health Center, Lutheran Medical Center, William F. Ryan Community Health Center, Syracuse Community Health Center, Bedford Stuyvesant Family Health Center, Joseph P. Addabbo Family Health Center, Centercare, Westchester Prepaid Health Services Plan, and Health Plus, Plaintiffs, v. Nancy-Ann Min DEPARLE, in her official capacity as Administrator, Health Care Financing Administration, Donna Shalala, in her official capacity as Secretary, United States Department of Health and Human Services, Kevin P. Mahon, in his official capacity as Commissioner, Westchester County Department of Social Services, and Barbara Debuono, in her official capacity as Commissioner, New York State Department of Health, Defendants.

United States District Court, S.D. New York.

September 27, 1999.

Attorney(s) appearing for the Case

John E. Linville, Kalkines Arky Zall & Bernstein LLP, New York City, for plaintiff.

Samuel S. Chin, Office of the Attorney's General, New York City, for State defendants.

Audrey Daniel, Westchester County District Attorney's Office, White Plains, NY, for Westchester County defendant.

Jeffrey Oestericher, United States Attorney's Office, New York City, for Federal defendants.

MEMORANDUM DECISION AND ORDER

BARRINGTON D. PARKER, Jr., District Judge.

Plaintiffs are six New York state outpatient medical facilities designated by the federal government as federally qualified health centers ("FQHCs"); three managed care plans affiliated with FQHCs, and an association of FQHCs in New York state. Defendants are Donna Shalala, Secretary of the United States Department of Health and Human Services ("HHS"); Nancy-Ann Min DeParle, the Administrator...

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