Correspondence from Lief to Cohen Re: National Cause of Action

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NAACP LEGAL DEFENSE AND EDUCATIONAL FUND, INC. 
und 10 Columbus Circle, New York, N.Y. 10019 ¢ (212) 586-8397    

December 23, 1980 

Anne Cohen, Esq. 

United States Department of Justice 

Civil Division 
Washington, D. C. 20530 

Re: Hatcher v. Methodist Hospital 
  

Dear Ms. Cohen: 

On September 19, 1980 I wrote to you regarding the 

national cause of action in the above captioned action. 

Specifically, I wrote to inform you that over a year and 

a half had elapsed since plaintiffs and the Department of 

Health, Education and Welfare (now Department of Health 

and Human Services) had entered into a stipulation staying 

litigation in order to allow HHS to promulgate Title VI 

guidelines as required by 42 C.F.R. §42.404 (a). Three 

months have passed since that letter was sent, yet plaintiffs 
as yet have no guarantee that any Title VI guidelines are 

forthcoming with regard to (a) relocation and closing of 

hospitals and (b) Title VI obligations of health planning 

agencies (HSA's and SHPDA's). Moreover, plaintiffs have no 

stipulation or guarantee that HHS will enforce such guide- 

lines. 

In order to protect the rights of plaintiffs and the 

class they represent, I will be forced to file the enclosed 

motion for summary judgment unless a consent decree can be 

agreed to by January 10, 1981. I believe that this deadline 

is more than reasonable. As you know, HHS's predecessor was 

obligated to issue such guidelines three years ago. In 

addition, nearly two years have passed since your client 

agreed to promulgate guidelines. 

Contributions are deductible for U.S. income tax purposes 

The NAACP LEGAL DEFENSE & EDUCATIONAL FUND is not part of the National Association for the Advancement of Colored People although it 
was founded by it and shares its commitment to equal rights. LDF has had for over 20 years a separate Board, program, staff, office and budget. 

 



Anne Cohen, Esq. 

December 23, 1980 

Page 2 

As I have discussed with you, plaintiffs believe they 

would prevail on a motion not only for guidelines but also 

for assurances of adequate enforcement. Nevertheless, for 

purposes of settlement, plaintiffs will agree to have policy 

guidelines published by January 15, 1980 regarding (a) reloca- 

tion and closing of hospitals and (b) Title VI obligations 

of health planning agencies. 

IT look forward to hearing from you by January 5, 1981. 

Sincerely yours, 

Beth J. Lief 

BJL/mgw 

cc: Sylvia D. Ivie, Esq. 

Julian B. Allen, Esq. [||772a3d8b-93c3-4071-a94a-9fe2b8606558||]