AVON NURSING AND REHABILITATION v. BECERRA

No. 18-CV-2390-LTS-SDA.

667 F.Supp.3d 47 (2023)

AVON NURSING AND REHABILITATION, et al., Plaintiffs, v. Xavier BECERRA, in his capacity as the Secretary of the United States Department of Health and Human Services, Defendant.

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

Signed March 31, 2023.


Attorney(s) appearing for the Case

Brian Marc Feldman , Harter, Secrest & Emery, LLP, Rochester, NY, Lauren Renee Mendolera , Harter, Secrest & Emery, LLP, Buffalo, NY, for Plaintiffs Avon Nursing and Rehabilitation, Brightonian Nursing and Rehabilitation, Woodside Manor Nursing and Rehabilitation, The Shore Winds Nursing & Rehabilitation, The Hurlbut Nursing & Rehabilitation, Hornell Gardens Nursing & Rehabilitation, Conesus Lake Nursing & Rehabilitation, Newark Manor Nursing & Rehabilitation, Penfield Place Nursing & Rehabilitation, Hamilton Manor, Latta Road Nursing Home East, Latta Road Nursing Home West, Seneca Nursing & Rehabilitation, Eldervvood at Amherst, Elderwood of Lakeside at Brockport, Elderwood at Cheektowaga, Elderwood at Grand Island, Elderwood at Hamburg, Elderwood of Hornell, Elderwood of Uihlein at Lake Placid, Elderwood at Lancaster, Elderwood at Liverpool, Elderwood at Lockport, Elderwood at North Creek, Elderwood at Waverly, Elderwood at Wheatfield, Elderwood at Williamsville, Elderwood at Riverside, Elderwood of Scallop Shell at Wakefield, Westchester Center for Rehabilitation & Nursing, Highfield Gardens Care Center of Great Neck, San Simeon by the Sound, New York Center for Rehabilitation & Nursing, Dry Harbor Nursing Home & Rehabilitation Center.

Brian Marc Feldman , Harter, Secrest & Emery, LLP, Rochester, NY, for Plaintiffs Rego Park Health Care, Queens Boulevard Extended Care Facility, Elderwood at Burlington, Maplewood Nursing Home, Alamo Heights for Clinically Complex Care, Premier Center for Nursing and Rehabilitation, Zion Healthcare Cypress.

Christopher Kendrick Connolly , United States Attorney's Office, New York, NY, for Defendant.

James F. Segroves, Reed Smith LLP, Washington, DC, for Amici American Health Care Association, New York State Health Facilities Association, Inc., Alabama Nursing Home Association, Georgia Health Care Association, Kentucky Association of Health Care Facilities.


MEMORANDUM OPINION AND ORDER

Plaintiffs, a group of skilled nursing facilities, bring this action against Defendant Xavier Becerra in his capacity as the Secretary of the United States Department of Health and Human Services ("HHS"), ...

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