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HUMBERT v. PIRRO

April 5, 1977

HUMBERT ALDAMUY, KARL NEWTON, M.D., HENRY JACKSON, RUBEN COWART, D.D.S., UPSTATE COALITION ON MINORITY HEALTH, Plaintiffs
v.
NICHOLAS PIRRO, SYRACUSE-ONONDAGA COUNTY PLANNING AGENCY, MICHAEL O. SAWYER, ONONDAGA COUNTY NOMINATING COMMITTEE HEALTH SYSTEMS AGENCY DEVELOPMENT TASK FORCE, JOHN ABBOTT and SECRETARY OF HEALTH, EDUCATION AND WELFARE, JOSEPH F. CALIFANO, Defendants



The opinion of the court was delivered by: PORT

MEMORANDUM-DECISION AND ORDER

 EDMUND PORT, Judge

 NATURE OF PARTICULAR PROCEEDING

 Plaintiffs brought this action to challenge the appointment of two individuals to the Board of Directors of the Central New York Health Systems Agency. The defendant, Secretary of Health, Education and Welfare, has moved to dismiss the action for lack of jurisdiction and for failure to state a claim. The motion of the Secretary to dismiss for failure to state a claim is well-grounded. Since no independent jurisdictional grounds exist as to the remaining defendants, the action against all remaining defendants is dismissed sua sponte.

 FACTS

 The Health Systems Agency.

 The National Health Planning and Resources Development Act of 1974 *fn1" (the Act) was enacted "to facilitate the development of recommendations for a national health planning policy [and] to augment areawide and State planning for health services . . . ." 42 U.S.C. § 300k(b). Pursuant to the Act, the United States was divided up into numerous geographic areas called Health Service Areas. 42 U.S.C. § 300 l. For each Health Service Area there was to be one Health Systems Agency (HSA) which would be responsible for providing "effective health planning for its health service area". 42 U.S.C. § 300 l -2(a)(4). The Act further provided that each HSA shall have a governing body which would essentially be responsible for the administration of the HSA.

 The Act contains a number of requirements concerning the composition of the governing body of the HSA. Inter alia it provides that:

 
(C) The membership of the governing body and the executive committee (if any) of an agency shall meet the following requirements:
 
(i) A majority (but not more than 60 per centum of the members) shall be residents of the health service area served by the entity who are consumers of health care and who are not (nor within the twelve months preceding appointment been) providers of health care and who are broadly representative of the social, economic, linguistic and racial populations, geographic areas of the health service area, and major purchasers of health care.

 42 U.S.C. § 300 l -1(b)(3)(C)(i). The Act then requires that the remainder of the members shall be health care providers representing a variety of professions and institutions. Id. § 300 l -1(b)(3)(C)(ii). It is further specifically required that the membership include "public elected officials and other representatives of governmental authorities" Id. at § 300 l -1(b)(3)(C)(iii)(I), in the health service area along with a representative percentage of individuals who reside in non-metropolitan areas. Id. § 300 l -1(b)(3)(C)(iii)(II).

 The Central New York Health Systems Agency.

 A plan dividing New York State into eight health service areas was approved by the Secretary on September 2, 1975. *fn2" This dispute involves Area III, an eleven county region in Central New York. *fn3" After the publication of federal regulations concerning the selection, designation and composition of governing bodies of health systems agencies, *fn4" a Task Force for the Development of a Health Systems Agency (Task Force) convened in Syracuse for Area III. The Task Force applied to the Secretary for designation of Central New York Health Systems Agency (CNYHSA) as the HSA for Area III. The Task Force was also responsible for the selection of the original board of directors, which was to be the governing body of CNYHSA. The Secretary, finding that all statutory requirements for the governing body had been met, approved the application of CNYHSA. *fn5"

 The four individual plaintiffs and the Upstate Coalition on Minority Health *fn6" disapproved of two of the five nominees to the board of directors representing minorities, asserting they did not really represent the minority ...


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