Bowen

FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER

Plaintiff’s motion for preliminary injunction was heard on July 13,1987. The court has considered the papers filed by the par ties, both with respect to the preliminary injunction motion and previously filed in connection with the plaintiffs application for a temporary restraining order, and has heard and considered the arguments. Accordingly, the court hereby issues its findings of fact, conclusions of law and order.

I.FINDINGS OF FACT

Parties

1. Plaintiff Hillhaven West, Inc. (“Hill-haven”) is a Delaware Corporation with its principal place of business in Tacoma, Washington. Hillhaven owns and operates Alvarado Convalescent and Rehabilitation Hospital (“Alvarado”).

2. Defendant Otis R. Bowen, M.D. (the “Secretary”), the Secretary of the United States Department of Health and Human Services, is statutorily responsible for the administration of the Medicare Program, 42 U.S.C. § 1395 et seq., and the administration of federal responsibilities under the Medicaid Act, 42 U.S.C. § 1396 -1396n.

3. Defendant Kenneth W. Kizer, M.D., M.P.H. is the Director of the California Department of Health Services, (the “DHS”). DHS is…