Legal Opinion

Estate of Smith v. Bowen

District Court, D. Colorado

Decided March 24, 1987No. Civ. A. 75-M-539PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

MATSCH, District Judge.

In this class action brought on behalf of Medicaid recipients residing in nursing homes in the State of Colorado, the Secretary of Health and Human Services (the “Secretary”) was ordered to “develop and publish a notice of proposed rule making, consistent with the requirements of the APA, regarding a new survey system which will enable the Secretary to perform the duty prescribed by the Tenth Circuit Court of Appeals.” Order of August 9, 1985. The Secretary published a Final Rule in the Federal Register on June 13, 1986 (the “Rule”). On July…

2Cases cited2 opinions

  1. In Re the Estate of Michael Patrick Smith, and People of the State of Colorado, in Intervention-Appellants v. Margaret HecklerCourt of Appeals for the Tenth Circuit · 1984
  2. American Hospital Ass'n v. BowenDistrict Court, District of Columbia · 1986

3Cited by12 opinions

  1. Conley v. Life Care Centers of America, Inc.Court of Appeals of Tennessee · 2007
  2. Beverly Health & Rehabilitation Services, Inc. v. ThompsonDistrict Court, District of Columbia · 2002
  3. Chamber of Com. Of the United States v. SECCourt of Appeals for the Sixth Circuit · 2024
  4. Estate of Smith v. BowenDistrict Court, D. Colorado · 1987
  5. Estate of Smith v. O'HalloranCourt of Appeals for the Tenth Circuit · 1991

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