Traylor Nursing Home, Inc. v. Alabama Statewide Health Coordinating Council

HOLMES, Judge.

This is a case involving a challenge to an amendment to the state health plan.

In 1985 the governor of Alabama approved an amendment to the state health plan (SHP) which authorized the use of “swing beds” in hospitals in the state. According to the amendment, “[a] swing bed is a licensed hospital bed that can be used for either a hospital or skilled nursing home patient.” The swing bed amendment was prepared by the Statewide Health Coordinating Council (SHCC), a state agency, and recommended by the SHCC to the governor for his approval.

Shortly after the amendment went into…