H.E.A. of Massachusetts, Inc. v. Bowen

MEMORANDUM OF DECISION

ZOBEL, District Judge.

In light of the finding of the Massachusetts Department of Public Health (“DPH”) that conditions at the Jamaica Towers Nursing Home (“Jamaica Towers”) were such as to place its patients’ health and safety in immediate jeopardy, the United States Department of Health and Human Services (“the Department”) terminated Jamaica Towers’ certification as a Medicare/Medicaid provider as of August 11, 1987.1 Jamaica Towers seeks to enjoin the certification termination until an evidentiary hearing on conditions at the home is held. The defendants argue that,…