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B.G.M. ENTERPRISES v. HARRIS

No. CV-79-6-GF.

507 F.Supp. 932 (1981)

B.G.M. ENTERPRISES, d/b/a Park Place Nursing Home and Rehabilitation Center, Plaintiff, v. Patricia Roberts HARRIS, Secretary, Department of Health and Human Services, and Montana Foundation For Medical Care, Defendants.

United States District Court, D. Montana, Great Falls Division.

February 20, 1981.

Attorney(s) appearing for the Case

Dennis E. Lind, Datsopoulos & MacDonald, Missoula, Mont., for plaintiff.

Jerome T. Loendorf, Helena, Mont., for Montana Foundation for Medical Care.

Robert T. O'Leary, U. S. Atty., D. Montana, Butte, Mont., for defendants.

MEMORANDUM

HATFIELD, District Judge.

Plaintiff B.G.M. Enterprises brought this action challenging the provision of 42 U.S.C. § 1320c-4(e)(1), as amended, which prohibits Professional Standards Review Organizations1 from delegating Medicare-Medicaid review responsibilities2 to any skilled nursing facility which is not a part of a hospital. In a January 11, 1980, memorandum and order, this court...

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