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HOSPITAL ASS'N OF NEW YORK STATE, INC. v. TOIA

No. 76 Civ. 2027.

428 F.Supp. 848 (1977)

HOSPITAL ASSOCIATION OF NEW YORK STATE, INC., et al., Plaintiffs, v. Philip L. TOIA, as Commissioner of Social Services of the State of New York, et al., Defendants.

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

February 10, 1977.

Attorney(s) appearing for the Case

Proskauer, Rose, Goetz & Mendelsohn, New York City, for plaintiffs; Jacob Imberman, Robert M. Kaufman, Susan Rosenfeld, M. William Scherer, Gail G. Sticker, New York City, of counsel.

Rosenman, Colin, Freund, Lewis & Cohen, New York City, for the New York City Health and Hospitals Corp.; Peter F. Nadel, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen. of N. Y., New York City, for State defendants; Covington & Burling, Washington, D. C., of counsel.

Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., New York City, for U. S. Dept. of Health, Education & Welfare; John M. O'Conner, Asst. U. S. Atty., New York City, of counsel.

MEMORANDUM

LASKER, District Judge.

By judgment and order of August 2, 1976, the defendants were enjoined from applying three regulations (10 N.Y.C.R.R. §§ 86.14(b); 82.21(k) and 82.26) to determine the reimbursement rates for inpatient care afforded Medicaid patients by the plaintiffs before they were approved by the Secretary of HEW, and were further enjoined from applying any regulation effecting a change in the state plan providing for such...

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