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MASS. FED. OF NURSING HOMES v. COM. OF MASS.

Civ. A. No. 91-11366-C.

791 F.Supp. 899 (1992)

The MASSACHUSETTS FEDERATION OF NURSING HOMES, INC., et al., Plaintiffs, v. The COMMONWEALTH OF MASSACHUSETTS, et al., Defendants.

United States District Court, D. Massachusetts.

April 30, 1992.

Attorney(s) appearing for the Case

Kenneth A. Behar, Behar & Kalman, Boston, Mass., for plaintiffs.

William L. Pardee, Office of the Attorney General, Boston, Mass., for Com. of Massachusetts, Dept. of Public Welfare, Massachusetts, and Rate Setting Com'n, Mass.

William L. Pardee, Eric A. Smith, Office of the Attorney General, Boston, Mass., for Joseph Gallant, Bruce M. Bullen.

Judith S. Yogman, U.S. Attorney's Office, Boston, Mass., for Louis Sullivan.

MEMORANDUM

CAFFREY, Senior District Judge.

This action arises out of the federal Medicaid program and its implementing regulations. Plaintiffs, two nursing facility trade associations whose members participate in the Massachusetts Medicaid program and three nursing facility Medicaid providers, challenge the federal government's, specifically Louis Sullivan, Secretary of Health and Human Services ("Secretary"), approval of state reimbursement payments to...

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