Plaintiff's First Request for Admission to Defendant US Secretary of Health, Education and Welfare

     [||8cf41aa8-525c-4eda-9d68-3d7241ad2dcc||] IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

  

BERNICE TERRY, et al., 

Plaintiffs, 

ve. No. H 76-373 

METHODIST HOSPITAL OF GARY, INC., 

et al., ) 

Defendants. ) 

  

PLAINTIFF'S FIRST REQUEST FOR ADMISSION TO DEFENDANT 

UNITED STATES SECRETARY OF HEALTH, EDUCATION AND WELFARE 

Plaintiff, pursuant to Rule 26 (a) of the Federal Rules of 

Civil Procedure, requests defendant Joseph Califano, United States 

Secretary of Health, Education and Welfare to admit within thirty 

(30) days from service of this request that the following is true. 

If defendant admits to parts of each item, such parts as are ad- 

mitted and such parts as are not admitted should be specifically 

stated: 

(a) The attached copy of defendant Califano's Response to 

Plaintiffs' Second Set of Interrogatories in National Association 
  

For The Advancement of Colored People, et al. v. The Wilmington 
  

Medical Center, et al., Civil Action No. 76-298, U.S.D.C. D. Del., 
  

is a true and accurate copy of said response; 

(b) The general policy of the Department of Health, Education   
 



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and Welfare under Title VI and Section 504 as it relates to site 

selection of health facilities subject to Title VI and Section 

504 is stated in regulations of the Department of Health, 

Education and welfare, 45 C.F.R. 80.3(b) (¢) and 45 C.F.R. 84.4 (b) 

(5). 

(c) The policy of the Department of Health, Education and 

Welfare with regard to investigations of relocation of health 

facilities under Title VI and Section 504 is as follows: 

The "effects standard" articulated 

in the regulation [45 C.F.R. 80.3 (b) (c) 

and 45 C.F.R. 84.4 (b) (5)] is the begin- 
ning point of our investigation. The 

investigation primarily concerns the quality 

of care and access to care which may be ex- 
pected or which results from a plan by a 

recipient of federal financial assistance 

to relocate, or build a satellite or second 

health facility. Discriminatory effects of 
the relocation or construction and expansion 

of a second facility might include either or 

both (1) a disparity of services available 

to different races, and (2) avoidable racial 

segregation. 

The investigation involves the question 

of whether the result of the relocation, or 

construction or expansion of a second facility 

will be or is a unitary health care delivery 
system or two separate units. An investiga- 

tion involves a comparison between health care 

delivery prior to execution of a plan and pre- 

dictable or probable or actual health care 

delivery when the plans are carried out. 

The elements of the investigation under 

site selection regulations include: (1) a 

demographic analysis of race, age, and disabil- 

ity/handicap clusters in downtown and out- 

county areas; (2) an analysis of the current racial 

configuration of hospital service utilization; 

(3) an analysis of available private and public 
transportation in the area, of feasible new 

transportation, and of municipal (jurisdictional) 

or physical impediments to access to the existing       
 



   

and proposed facilities; (4) an analysis of 
the proposed distribution of residents, in- 
terns, supervisors, and specialists; and 

(5) an analysis of current and projected 
employee transportation needs. 

Respectfully submitted, 

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. JACK GREENBERG 

MELVYN R. LEVENTHAL 

BETH J. LIEF 

10 Columbus Circle 

New York, New York 10019 

  

JULIAN ALLEN 

2009 Broadway 

Gary, Indiana 46407 

MARILYN G. ROSE 

CHRISTINE B. HICKMAN 

1751 N. Street, N.W. 

Washington, D. C. 20036 

Attorneys for Plaintiffs 

      
 



  

Certificate of Service 
  

I hereby certify that a copy of the attached PLAINTIFF'S 

FIRST REQUEST FOR ADMISSION TO DEFENDANT UNITED STATES SECRETARY 

OF HEALTH, EDUCATION AND WELFARE was served by United States mail, 

postage prepaid,on the 10th day of June, 1977 on the following: 

    

REBECCA L. ROSS, ESQ. 

Department of Justice 

10th and Pennsylvania Avenue, N.W. 

washington, D. C. 

MARVIN E. GARVIN & EDWARD L,., KOVEN 

REGIONAL ATTORNEY & GENERAL ATTORNEY 

Department of Health, Education and welfare 

300 South wacker Drive, 18th Floor 

Chicago, Illinois 

FRED W. GRADY, ESQ. 
ASSISTANT UNITED STATES ATTORNEY 

United States District Court 

Northern District of Indiana 

Federal Building, 502 State Street 
Hammond, Indiana 46325 

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Attorney for Plaintiffs [||8cf41aa8-525c-4eda-9d68-3d7241ad2dcc||]