Golden Isles Convalescent Ctr., Inc. v. Califano, No. 76-1810-CIV-WMH.
| Court | United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida |
| Writing for the Court | HOEVELER |
| Citation | 442 F. Supp. 201 |
| Parties | GOLDEN ISLES CONVALESCENT CENTER, INC., d/b/a Hallandale Rehabilitation Center, et al., Plaintiffs, v. Joseph A. CALIFANO, Jr., etc., et al., Defendants. |
| Docket Number | No. 76-1810-CIV-WMH. |
| Decision Date | 18 October 1977 |
442 F. Supp. 201
GOLDEN ISLES CONVALESCENT CENTER, INC., d/b/a Hallandale Rehabilitation Center, et al., Plaintiffs,
v.
Joseph A. CALIFANO, Jr., etc., et al., Defendants.
No. 76-1810-CIV-WMH.
United States District Court, S. D. Florida.
October 18, 1977.
Elliot S. Shaw, Miami, Fla., for plaintiffs.
James G. Mahorner, Dept. of Health and Rehabilitation Services, Tallahassee, Fla., William R. Northcutt, Asst. U. S. Atty., Miami, Fla., for defendants.
MEMORANDUM OPINION AND ORDER GRANTING PARTIAL SUMMARY JUDGMENT
HOEVELER, District Judge.
Certain nursing home operations located in this District have brought suit against
Jurisdiction is invoked pursuant to 28 U.S.C. Sec. 1331. Venue, though objected to by the State defendants, lies in this district.
At the present time, the plaintiffs' Motion for Summary Judgment is before this Court. As will be set out more fully in this opinion, the Court is unable to adjudicate the whole case upon the present state of the pleadings and will therefore treat Plaintiffs' Motion as one brought under Rule 56(d), Federal Rules of Civil Procedure.
Plaintiffs are providers of skilled nursing facility services to the State of Florida which participates in the Medicaid Program with the Federal Government. Under the program, payments are made by the designated State agency to qualified beneficiaries, including Plaintiffs. These payments come from State and Federal sources and are made in accordance with regulations approved by the Secretary of Health, Education and Welfare.
This dispute centers around the regulations issued by HEW (45 C.F.R. Sec. 250.30(a)(3)(iv)) requiring the State participants to provide reimbursements "on a reasonable cost related basis" to skilled nursing home facilities. The regulation sets an effective date of January 1, 1978. However, Section 249 sets an effective date of July 1, 1976. HEW contends that it was slow in promulgating regulations and that it did not wish to penalize State participants for its own delay.
Since this case was commenced, the opinion of Judge Frank M. Johnson, Jr. in Alabama Nursing Home Association v. Califano, 433 F.Supp. 1325 (M.D.Ala.1977) has been filed. Many of the same...
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...was no specific evidence of violations. See Northwest Airlines, 587 F.2d at 15; Weyerhaeuser, 456 F.Supp. at 484; Reynolds Metals, 442 F.Supp. at 201. These cases simply cannot be helpful on the resolution of the proper inquiry of whether there was probable cause for the warrant in this spe......
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Florida Department of Health and Rehabilitative Services v. Florida Nursing Home Association, No. 80-532
...of Florida held the regulations invalid, relying on its previous decision in Golden Isles Convalescent Center, Inc. v. Califano, 442 F.Supp. 201 (1977), aff'd 616 F.2d 1355 (CA5), cert. denied sub nom. Taylor v. Golden Isles Con- Page 149 valescent Center, Inc., 449 U.S. 872, 101 S.Ct. 562,......
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FLORIDA NURSING HOME ASS'N, INC. v. Paige, No. 77-559-CIV-WMH.
...and that HEW regulations were invalid insofar as they set any other effective date. Golden Isles Convalescent Center, Inc. v. Califano, 442 F.Supp. 201 (S.D. Fla.1977). By that Order (hereinafter the "October 18th Order"), the Court also directed HEW to determine whether Florida's......
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Martin v. International Matex Tank Terminals-Bayonne, TERMINALS--BAYONN
...was no specific evidence of violations. See Northwest Airlines, 587 F.2d at 15; Weyerhaeuser, 456 F.Supp. at 484; Reynolds Metals, 442 F.Supp. at 201. These cases simply cannot be helpful on the resolution of the proper inquiry of whether there was probable cause for the warrant in this spe......
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Florida Department of Health and Rehabilitative Services v. Florida Nursing Home Association, No. 80-532
...of Florida held the regulations invalid, relying on its previous decision in Golden Isles Convalescent Center, Inc. v. Califano, 442 F.Supp. 201 (1977), aff'd 616 F.2d 1355 (CA5), cert. denied sub nom. Taylor v. Golden Isles Con- Page 149 valescent Center, Inc., 449 U.S. 872, 101 S.Ct. 562,......
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FLORIDA NURSING HOME ASS'N, INC. v. Paige, No. 77-559-CIV-WMH.
...and that HEW regulations were invalid insofar as they set any other effective date. Golden Isles Convalescent Center, Inc. v. Califano, 442 F.Supp. 201 (S.D. Fla.1977). By that Order (hereinafter the "October 18th Order"), the Court also directed HEW to determine whether Florida's......