Henry B. Folden v. Washington State Department Of Social And Health Services

981 F.2d 1054 39 Soc.Sec.Rep.Ser. 594, Medicare & Medicaid Guide P 40,961 Henry B. FOLDEN and Jean Folden, husband and wife, dba Crestwood Convalescent Center, et al., Plaintiffs-Appellants-Cross-Appellees, v. WASHINGTON STATE DEPARTMENT OF SOCIAL AND HEALTH SERVICES, Defendant-Appellee-Cross-Appellant. Nos. 90-35397, 90-35475. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 6, 1991. Decided Dec. 11, 1992. Thomas H. Grimm and John F. Sullivan, Inslee, Best, Doezie & Ryder, Bellevue, WA, for plaintiffs-appellants-cross-appellees. Charles A. Miller and Mark H. Lynch, Special Asst. Attys. Gen., DC, for defendant-appellee-cross-appellant. Appeal from the United States District Court for the Western District of Washington. Before: WRIGHT, HUG and LEAVY, Circuit Judges. HUG, Circuit Judge: 1 This case concerns the adequacy of payments to facilities that have contracted with the Washington Department of Social and Health Services to provide nursing home care under the state plans in effect since 1981. The owners of 14 such facilities brought this class action, contesting the adequacy of the state payments under the state plans and contending that they do…