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Plaintiff filed a malpractice and wrongful death action against the nursing home and other defendants alleging that resident's death was a direct and proximate cause of violations of Ohio law and of 42 U.S.C. § 483, et seq. Defendants removed the action to federal court and Plaintiff filed a motion for remand. Finding that there is no private right of action created or implied in the Medicaid Act or its regulations, no federal question was brought and remand was mandated. Decided April 5, 2007.
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