Washington State Health Facilities Association v. State Of Washington Department Of Social And Health Services

698 F.2d 964 1 Soc.Sec.Rep.Ser. 133 WASHINGTON STATE HEALTH FACILITIES ASSOCIATION, a Washington corporation; Ulysses and Virginia Rowell, Jr., a marital community; Philip and Beverly Gayton, a marital community; Triple C Convalescent Centers, a partnership; and Andrew Branch, Plaintiffs-Appellees, v. STATE OF WASHINGTON DEPARTMENT OF SOCIAL AND HEALTH SERVICES, and Gerald Thompson, Secretary, Washington State Department of Health Services, Defendants-Appellants. No. CA 81-3281. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 6, 1982. Decided Nov. 9, 1982. Charles F. Murphy, Olympia, Wash., for defendants-appellants. Stephen B. Johnson, Garvey, Schubert, Adams & Barer, Seattle, Wash., for plaintiffs-appellees. Appeal from the United States District Court for the Western District of Washington. Before WRIGHT, TANG and CANBY, Circuit Judges. PER CURIAM: 1 The Secretary of Washington State Department of Social and Health Services (DSHS) appeals from an order of the district court enjoining the Secretary from enforcing a state regulation that conflicts with the federally approved Washington State Medicaid Plan, until such time as HEW 1 approves an…