Legal Opinion

National Union of Hospital & Health Care Employees v. Carey

Court of Appeals for the Second Circuit

Decided March 18, 1977No. 40, Docket 76-7203PublishedCited by 14 opinions

1Opinion of the Court

VAN GRAAFEILAND, Circuit Judge:

The issue in this case is simply stated. Can a union, which has organized a number of nursing homes in the State of New York, sue the State to secure an increase in Medicaid payments to the homes in order that the union may negotiate higher salaries for its members? The District Judge held that it could not. We believe that he was right.

The State of New York, as a participant in the Federal Medicaid program under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., must adopt a plan for medical assistance and have it approved by the Secretary of…

2Cases cited11 opinions

  1. Warth v. SeldinSupreme Court of the United States · 1975
  2. Singleton v. WulffSupreme Court of the United States · 1976
  3. Rosado v. WymanSupreme Court of the United States · 1970
  4. Donald A. Swan v. Board of Higher Education of the City of New York by Gustave G. Rosenberg, Its Chairman, George A. Pierson, and Margaret v. KielyCourt of Appeals for the Second Circuit · 1963
  5. In re Sigety v. IngrahamNew York Court of Appeals · 1971

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3Cited by14 opinions

  1. Erica Harzewski, on Their Own Behalf and on Behalf of All Other Persons Similarly Situated v. Guidant CorporationCourt of Appeals for the Seventh Circuit · 2007
  2. Medical Society of State of New York v. ToiaCourt of Appeals for the Second Circuit · 1977
  3. Red Ball Interior Demolition Corp. v. PalmadessaDistrict Court, S.D. New York · 1995
  4. Thomas v. JohnstonDistrict Court, W.D. Texas · 1983
  5. Minnesota Association Of Health Care Facilities, Inc. v. Minnesota Department Of Public WelfareCourt of Appeals for the Eighth Circuit · 1979

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

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