KANSAS HEALTH CARE ASS'N v. KANSAS DSRS

Civ. A. No. 90-4207-S.

794 F.Supp. 356 (1992)

KANSAS HEALTH CARE ASSOCIATION, INC., and Kansas Association of Homes For the Aging, Inc., on behalf of their members, and Top Management Services, Inc., d/b/a Sunset Manor, on behalf of all other similarly situated nursing facility providers certified by the State of Kansas to participate in the Kansas Medicaid Program, Plaintiffs, v. KANSAS DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, and Donna Whiteman, Secretary of the Department of Social and Rehabilitation Services, and Robert L. Epps, Commissioner of Medical Services of Kansas Department of Social and Rehabilitation Services, Defendants.

United States District Court, D. Kansas.

July 20, 1992.


Attorney(s) appearing for the Case

Jeffrey A. Chanay, Entz & Chanay, William E. Enright, Scott, Quinlan & Hecht, Richard D. Anderson, Topeka, Kan., for plaintiffs.

Patrick D. Gaston, Patricia A. Bennett, Bennett, Lytle, Wetzler, Winn & Martin, Prairie Village, Kan., Bruce A. Roby, Kansas Dept. of SRS, Topeka, Kan., for defendants.

C. Geraldine Umphenour, Office of Gen. Counsel, Dept. of Health & Human Services, Kansas City, Mo., D. Brad Bailey, Office of United States Atty., Topeka, Kan., Frank V. Smith, III, Dept. of Health & Human Services, Office of Gen. Counsel, Kansas City, Mo., for Health and Human Services of the U.S.


MEMORANDUM AND ORDER

SAFFELS, Senior District Judge.

This matter is before the court on defendants' motion to dismiss (Doc. 125) on the basis that the plaintiffs' claims are now either moot or barred by the Eleventh Amendment. Prior to the filing of defendants' motion, the court had ordered the plaintiffs to show cause why the action should not be dismissed as moot.

This case initially arose as a challenge to the defendants' alleged unlawful administration...

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