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FORBES HEALTH SYSTEMS v. HARRIS

Civ. A. Nos. 79-1811, 80-1106.

504 F.Supp. 974 (1980)

FORBES HEALTH SYSTEMS, a corporation, Plaintiff, v. Patricia HARRIS, as Secretary of the U. S. Department of Health Education & Welfare, Helen O'Bannon, Individually and as Secretary of Pennsylvania Department of Public Welfare, Glenn Johnson, Individually and as Director of the Bureau of Medical Assistance of the Pennsylvania Department of Public Welfare, Defendants. WASHINGTON HOSPITAL, South Hills Health System, All Saints Hospital, Lock Haven Hospital and Andrew Kaul Memorial Hospital, Plaintiffs, v. Helen B. O'BANNON, Individually and as Secretary of the Department of Public Welfare of the Commonwealth of Pennsylvania, and Gerald F. Radke, Individually, and as Deputy Secretary for Medical Assistance of the Department of Public Welfare of the Commonwealth of Pennsylvania, Defendants.

United States District Court, W. D. Pennsylvania.

December 15, 1980.

Attorney(s) appearing for the Case

Charles R. Taylor, Jr., Thomas E. Boyle, Moorhead & Knox, Pittsburgh, Pa., Kay E. Tucker, Duane, Morris & Heckscher, Philadelphia, Pa., William C. Andrews, Goehring, Rutter & Boehm, Pittsburgh, Pa., for plaintiffs.

John Knorr, III, Deputy Atty. Gen., Pa. Dept. of Justice, Harrisburg, Pa., Lawson Johnston, Asst. Atty. Gen., Pa. Dept. of Justice, Pittsburgh, Pa., Diane C. Moskal, Asst. Regional Atty., Dept. of HEW, Philadelphia, Pa., for defendants.

MEMORANDUM OPINION AND ORDER

TEITELBAUM, District Judge.

The plaintiffs in the instant action have challenged the validity of certain Pennsylvania regulations, which are set out in pertinent part, infra, concerning the administration of the Medicaid program in Pennsylvania,1 averring that those regulations violate federal standards for the Medicaid program. It has also been...

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