Hospital Ass'n of New York State, Inc. v. Toia

LASKER, District Judge.

On March 16, 1977 the Court of Appeals remanded for this court’s consideration the question whether Congressional repeal of 42 U.S.C. § 1396a(g) (a provision requiring-states participating in the federal Medicaid program to waive their immunity to suit in federal courts with respect to certain claims made by hospital providers of services) as of its effective date subsequent to the entry of final judgment by this court against the State but before the appeal was decided affects the validity of that judgment, and if so whether the statute is constitutional. For reasons…