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BEVERLY HEALTH & REHABILITATION SERV. v. THOMPSON

Civil Action No. 99-02367(ESH).

223 F.Supp.2d 73 (2002)

BEVERLY HEALTH & REHABILITATION SERVICES, INC., et al., Plaintiffs, v. Tommy G. THOMPSON, Secretary of Health and Human Services, et al., Defendants.

United States District Court, District of Columbia.

September 18, 2002.

Attorney(s) appearing for the Case

Malcolm James Harkins, III, Margaret J. Babb, Julia McMillen, Proskauer Rose, LLP, Washington, DC, for Beverly Health & Rehabilitation Services, Inc., Beverly Enterprises-Florida.

Martha Hirschfield, U.S. Department of Justice, Civil Division, Washington, DC, for Donna E. Shalala, Nancy-Ann Min Deparle.

Sheila Mae Lieber, U.S. Department of Justice, Washington, DC, for Tommy G. Thompson, Thomas A. Scully.

American Association of Retired Persons, National Citizens' Coalition for Nursing Home Reform, American Health Care Association, Amicus.

Toby Sambol Edelman, Center for Medicare Advocacy, Washington, DC, William Rakestraw, Cowden, Reed, Smith, Shaw & McClay, LLP, Washington, DC, for American Association of Retired Persons, Legal Counsel for the Elderly Department.

MEMORANDUM OPINION

HUVELLE, District Judge.

Plaintiffs are Beverly Health and Rehabilitation Services, Inc., which owns and operates 300 nursing homes nationwide, and its subsidiary Beverly Enterprises — Florida, Inc., the licensee in the State of Florida for Beverly Health and Rehabilitation — Spring Hill ("Spring Hill"). Prior to June 2, 1998, Spring Hill had contracts with the Health Care Financing Administration ("HCFA"), a subagency...

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