Stipulation

     [||88a5fa9a-d2fd-4603-af35-57323e78a64b||] FICED 

ECT 1977. 

At : M 

FOR THE NORTHERN DISTRICT OF INDIANA FRANCIS T. GRANDYS, CLERK 
U. S. DISTRICT COURT 

IN THE 

UNITED STATES DISTRICT COURT 
  

HAMMOND DIVISION 

BERNICE TERRY, et al., 

Plaintiffs, 

VS. No. H 76-373 

METHODIST HOSPITAL OF GARY,- INC., 

et al., 

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Defendants 

RICHARD GORDON HATCHER, et al., ) 
| ) 

Plaintiffs ) 

) 
VS. ) No. H 77-154 

) - 

METHODIST HOSPITAL OF GARY, INC., ) 

et. al., ) 
) 

Defendants ) 

STIPULATION 
  

The undersighed, by their attorneys or representatives, 

hereby agree and stipulate as follows: 

1. That defendant Joseph A. Califano agrees that 

- the enforcement of 42 C.F.R. §100.109 (a) will 
be tolled as of this date until this Court has 
entered a final judgment in the above-captioned 
consolidated cases, or until a final decision 
is reached in the highest Court of Appeals to 
which such a judgment is appealed, whichever date .. 
is later. 

2 That the Northern Indiana Health Systems Agency, 
Inc. and the Indiana State Board of Health agree 
that the enforcement of 42 C.F.R. §100.109 (a) 
will be tolled .as of this date until this Court 
has entered a final judgment in the above-captioned 
consolidated cases, or until a final decision 
is reached in the highest Court of Appeals to 
which such a judgment is appealed, whichever date 
is later. 

 



  

That the parties hereto agree that Methodist Hospital 
of Gary's Project Numbers 212 and 213 shall be 
and the same are hereby exempt from review pursuant 
to 42 C.F.R. §100.103(a) (2) (v) in the event that 
cost increase or increases due to inflation or 
as a result of any requirement of or change as 
defined in 42 C.F.R. §100.103(a) (1) initiated 
by the United States, or any agency thereof, or 
the State of Indiana, or any agency thereof, or 
any combination of said factors results in the 
actual cost of either project exceeding the initial 
projected cost on either project. 

That the parties hereto agree that in the event 
of a change in Projects 212 and 213, as defined 
in 42 C.F.R. §100.103(a) (1) initiated by the United 
States, or any agency thereof, or the State of 
Indiana, or any agency thereof, or any combination 
of said factors, all parties will have notice 
of said changes by the agency requiring the changes, 
and an opportunity to be heard before the agency 
requiring the changes, and before the Court. 

That the State of Indiana agrees not to enforce 
42 C.F.R. §100.103(a) (2) (v) and 42 C.F.R. §100.106, 
if any change in Projects 212 and 213 is ordered 
by the Department of Health, Education and Welfare 
or the Court. 

That the Department of Health, Education and Welfare 
will not take action against the State of Indiana, 
or any agency thereof, for not enforcing Section 
1122 of the Social Security Act, 42 U.S.C.A. §1320 
a-1l; and implementing regulations 42 C.F.R. §100.103 (a) 
(2) (v) and 42 C.F.R. §100.106 in the event a change 
in Projects 212 and 213 is ordered by the Department 
of Health, Education and Welfare or the Court. 

That the Methodist Hospital of Gary must give 
the designated planning agency of the State of 
Indiana notice of any capital expenditure as defined 
in 42. C.F.R. $100.103{a) (2) (11). 

That the Department of Health, Education and Welfare 
will give notice and an opportunity to be heard 
to the plaintiffs, Methodist Hospital of Gary, 
Inc. and the State of Indiana, prior to issuance 
of findings of its Lake County Hospital Review. 

 



  

9. That the parties hereto do not by this stipulation’ 
and agreement waive any other administrative or 
legal remedies which they may have with regard 
to the above-described projects or reviews. 

10. That defendant Methodist Hospital of Gary, Inc. 
will have 180 days after the Court has entered 
a final judgment, or after a final decision is 
reached in the highest Court of Appeals to which 
such a judgment is appealed, whichever date is 
later, to obligate its funds as required by 42 
C.P.R. 8100.109(a). 

En ea] 
ATTORNEY FOR DEFENDANT SECRETARY -- 
OF HEALTH, EDUCATION AND WELFARE 

  

METHODIST HOSPITAL OF- GARY; INC: - _ 

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INDIANA STATE BOARD OF HEALTH 

BY: rl a eo Pls 

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NORTHERN INDIANA HEALTH SYSTEMS 

AGENCY, I 

BY: . 

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Pod l 4 Lil 

ATTORNEY FOR PLAINTIFFS 

Approved this Ll day of Tr, r 1X97 % 
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JUDGE, UNITED STATES DISTRICFP COURT [||88a5fa9a-d2fd-4603-af35-57323e78a64b||]