Oregon Association Of Homes For The Aging, Inc. v. State Of Oregon

5 F.3d 1239 42 Soc.Sec.Rep.Ser. 306, Medicare&Medicaid Gu 41,698 OREGON ASSOCIATION OF HOMES FOR THE AGING, INC.; Presbyterian Nursing Home Inc., dba Presbyterian Care Center; Mercy Care Center Benedictine Nursing Center; Lutheran Homes & Hospital Inc., dba Fairlawn Towne & Health Center; Plaintiffs-Appellees, v. STATE OF OREGON, By and Through its DEPARTMENT OF HUMAN RESOURCES; Senior and Disabled Services Division; Richard C. Ladd, Director of Senior and Disabled Services Division; Defendants-Appellants. Nos. 91-36075, 91-36371. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 4, 1993. Decided Sept. 21, 1993. Thomas M. Christ, Mitchell, Lang & Smith, Portland, OR, Jody Ann Noon, Noon, Kraemer & Coombs, Tigard, OR, for plaintiffs-appellees. Jas. Adams, Asst. Atty. Gen., Oregon Dept. of Justice, Salem, OR, for defendants-appellants. Appeal from the United States District Court for the District of Oregon, Robert E. Jones, District Judge, Presiding. Before: TANG, POOLE and RYMER, Circuit Judges. POOLE, Circuit Judge: 1 The state of Oregon appeals the district court's partial summary judgment in favor of Medicaid Nursing Homes in the…