US SUPREME COURT DECISIONS

FLORIDA DHRS V. FLORIDA NURSING HOME ASSN., 450 U. S. 147 (1981)

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U.S. Supreme Court

Florida DHRS v. Florida Nursing Home Assn., 450 U.S. 147 (1981)

Florida Department of Health and Rehabilitative Services v.

Florida Nursing Home Association

No. 80-532

Decided March 2, 1981

450 U.S. 147

Syllabus

Held: In proceedings by respondent nursing homes and nursing home association wherein regulations relating to Medicaid reimbursements to be paid by participating States to nursing homes were held invalid, the Court of Appeals erred in holding that the State of Florida had waived its Eleventh Amendment immunity from liability in federal court for retroactive monetary relief to respondents. The State's general waiver of sovereign immunity for petitioner Department of Health and Rehabilitative Services, under a statute providing that the Department is a body corporate with the capacity to sue and be sued, does not constitute a waiver by the State of its Eleventh Amendment immunity from suit in federal court. Nor is the Department's agreement, upon participating in the Medicaid program, to obey federal law in administering the program sufficient to waive the protection of the Eleventh Amendment. Edelman v. Jordan, 415 U. S. 651.

Certiorari granted; 616 F.2d 1355, reversed.



























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