Independent Nursing Home v. Simmons

MEMORANDUM OPINION AND ORDER

WINGATE, District Judge.

The sole issue before the Court is whether the defendant’s failure to provide notice pursuant to federal regulation of the amendment to the Mississippi State Medicaid Plan contained in transmittal 84-36 renders this transmittal invalid and unenforceable. All parties have filed motions for summary judgment directed to this issue. On January 19, 1990, the court held a hearing on the Plaintiff’s Motion for Summary Judgment; the Defendant’s Cross-Motion for Dismissal, or, in the alternative, for Summary Judgment; the Motion of the Secretary of…