Golden Isles Convalescent Center, Inc. v. Califano

MEMORANDUM OPINION AND ORDER GRANTING PARTIAL SUMMARY JUDGMENT

HOEVELER, District Judge.

Certain nursing home operations located in this District have brought suit against the State Department of Health and Rehabilitative Services, the Federal Department of Health, Education and Welfare, and their respective executive officers to require implementation of Public Law 92-603, Sec. 249, 42 U.S.C. Sec. 1396a(13)(E), (hereinafter See. 249).

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…