District Court, S.D. Mississippi March 2, 1990, Civ. A. J86-0731(W), J86-0765(W) (Independent Nursing Home v. Simmons)

MEMORANDUM OPINION AND ORDER

WINGATE, District Judge.

The sole issue before the Court is whether the defendant’s failure to provide notice pursuant to federal regulation of the amendment to the Mississippi State Medicaid Plan contained in transmittal 84-36 renders this transmittal invalid and unenforceable. All parties have filed motions for summary judgment directed to this issue.