In Cook v. Ochsner Foundation Hospital, 61 F.R.D. 354 (E.D.La.1972), the court held that the Secretary had violated his obligation to enforce the Public Health Service Act by not requiring Hill-Burton facilities in New Orleans to participate in the Medicaid program. Noting that Medicaid participants constituted eleven percent of the metropolitan population, the court reasoned that their exclusion from Hill- Burton facilities was a form of "discrimination" in violation of the express terms of the Act and the grant assurances. Id. at 356 n.1.