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Health Law Keyed to Furrow
In re the Estate of Michael Patrick Smith v. Heckler
Facts
A class action suit was filed on behalf of nursing home patients (Plaintiffs) residing in Colorado against Heckler (Defendant), the Secretary of Health and Human Services. Basically, the suit claimed that Defendant was under a duty to enforce compliance with the federal Medicaid Act by focusing on the quality of care actually provided to Plaintiffs instead of by focusing only on the facilities the homes offered. The district court concluded that Defendant was in compliance with the statute in effecting a "facility-oriented" review and dismissed. An appeal was taken.
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