Legal Opinion

Ohio Academy of Nursing Homes, Inc. v. Barry

Ohio Supreme Court

Decided December 26, 1990No. 89-1429PublishedCited by 16 opinions

1Opinion of the CourtHolmes, J.

The central issue

before this court is whether the Academy may assert a private cause of action under Section 1983 for alleged violations of the Boren Amendment. Also before the court is the propriety of the trial court’s decision to enter summary judgment in favor of the appellees. For the reasons which follow, we find that the Academy may bring this action, and that the trial court erred in granting summary judgment for the appellees.

I

Medicaid Providers’ Cause of Action Under Sections 1983 and 1396a(a)(13) (A), Title 42, U.S. Code

In propositions of law one, two and six advanced by the…

2Cases cited24 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  3. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  4. Baker v. McCollanSupreme Court of the United States · 1979
  5. Nebbia v. New YorkSupreme Court of the United States · 1934

19 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. State ex rel. Carter v. SchottenOhio Supreme Court · 1994
  2. Ohio Hospital Ass'n v. Ohio Department of Human ServicesOhio Supreme Court · 1991
  3. Morning View Care Center-Fulton v. Ohio Department of Human ServicesOhio Court of Appeals · 2002
  4. Ohio Academy of Nursing Homes v. Ohio Department of Job & Family ServicesOhio Supreme Court · 2007
  5. State ex rel. Carter v. SchottenOhio Supreme Court · 1994

11 more not listed; retrieve them via the Exa API.

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