United States District Court, D. Maryland
LORIEN LIFE CENTER BALTIMOR COUNTY, INC., et al. Plaintiffs
SAM MALHOTRA, et al. Defendants
MEMORANDUM AND ORDER
Marvin J. Garbis United States District Judge
The Court has before it Defendants' Motion to Dismiss or, in the Alternative, Motion for Summary Judgment [ECF No. 12] and the materials submitted relating thereto as well as the document entitled "Plaintiffs' Stipulation Of Dismissal" [ECF No. 19]. The Court has held a hearing and had the benefit of the arguments of counsel.
Plaintiffs, four long-term care facilities, each "as assignee and authorized representative" of a resident or former resident, filed the Complaint and Petition for Declaratory Judgment [ECF No. 1]. Plaintiffs are:
Lorien Life Center Baltimore County, Inc., d/b/a Lorien Mays Chapel, for Frances Hall ("Resident Hall"), . Lorien Life Center - Howard, Inc. II d/b/a Lorien Elkridge, for Martha Roach ("Resident Roach"),
Lorien Harford Inc. II d/b/a Lorien Bel Air for Bette Bauer ("Resident Bauer"), and
Oakview SNF LLC d/b/a Oakview Rehabilitation and Nursing Center for Cheryl Hart ("Resident Hart").
Plaintiffs have sued, in their official capacities:
Sam Malhotra, Secretary of the Maryland Department of Human Resources, and
Van T. Mitchell, Secretary of the Maryland Department of Health and Mental Hygiene.
Plaintiffs state that, as to each Resident, there was an application for Medicaid benefits that the Defendants (through their agencies) did not properly administer. Thus, Plaintiffs claim that the processing of the application was unduly delayed.
Plaintiffs state in the "Claim for Relief Declaratory Judgment":
Pursuant to 28 U.S.C. § 2201 and Rule 57 of the Federal Rules of Civil Procedure, the Facilities [Plaintiffs] seek a declaration by this Court as follows:
a. Whether Defendants' failure to timely approve the Residents' Medicaid applications violates the federal Medicaid Act and implementing regulations, 42 U.S.C. § 1396a (a)(8) and 42 C.F.R. §§ 435.911, 435.930;
b. Whether the actions of Defendants, as stated in the foregoing Paragraphs above, violate the Residents' rights under the ADA, 42 U.S.C. ...