BT Bourbonnais Care, LLC v. Norwood

Federal 7th Circuit Court
Civil Court
Medicaid
Citation
Case Number: 
Nos. 16-3655 & 16-3968 Cons.
Decision Date: 
August 8, 2017
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed

Dist. Ct. did not err in denying defendant’s motion to dismiss action by plaintiffs-operators of nursing homes, alleging that defendant violated section 1396a(a)(13)(A) of Medicaid statute by failing to recalculate their reimbursement rates in wake of 2012 change in ownership of nursing homes and by failing to provide adequate notice-and comment process for determination of reimbursement rates. Ct. rejected defendant’s claim that section 1396a(a)(13)(A) does not support private right of action under 42 USC section 1983. Moreover, 11th Amendment immunity did not bar instant case to extent plaintiffs seek only prospective, procedural relief.