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RAYFORD v. BOWEN

Civ. A. No. 89-0148.

715 F.Supp. 1347 (1989)

Robert A. RAYFORD, et al. v. Otis R. BOWEN, Secretary of Health and Human Services, et al.

United States District Court, W.D. Louisiana, Alexandria Division.

May 25, 1989.

Attorney(s) appearing for the Case

G. Earl Humphries III, Humphries & Humphries, Alexandria, La., for Robert A. Rayford, Alexandria Nursing Center Inc., Louisiana Nursing Home Ass'n, John A. Doe, Jane A. Doe.

April Snellgrove, Asst. Atty. Gen., Susan Stafford, Staff Atty., Louisiana Dept. of Justice, Div. of Risk Litigation, Bruce Waters, Staff Atty., Dept. of Health and Hospitals, Baton Rouge, La., for David L. Ramsey and Secretary of HHS.

Joseph S. Cage, Jr., U.S. Atty., John R. Halliburton, Asst. U.S. Atty., Shreveport, La., and Susanne M. Lee, Office of Gen. Counsel, Dept. of Health & Human Services, Health Care Financing Admin., Washington, D.C., for U.S.

Brook, Morial, Cassibry, Fraiche & Pizza, Danielle Lombardo Trostorff, Normand F. Pizza, New Orleans, La., for Louisiana Hosp., Richland Parish Hosp. Service Dist. No. 1, d/b/a Richland Parish Hospital-Rayville and Richland Parish Hosp. Service Dist. No. 1, d/b/a Richland Parish Hospital-Delhi.

RULING

LITTLE, District Judge.

I. BACKGROUND

This suit challenges the implementation of an amendment to Title XIX of the Social Security Act, the Medicaid statute (42 U.S. C. § 1396 et seq.), on a variety of constitutional and statutory grounds. The statutes allegedly violated are the Administrative Procedure Act (5 U.S.C. § 551 et seq.) and the Louisiana Administrative Procedure Act (La. R.S. § 49:950 et seq.

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