Legal Opinion

Daniel Freeman Memorial Hospital v. Richard S. Schweiker, Secretary of Health and Human Services

Court of Appeals for the Ninth Circuit

Decided September 14, 1981No. 79-3334PublishedCited by 28 opinions

1Opinion of the Court

SCHROEDER, Circuit Judge:

This is a suit by a group of California Hospitals challenging a section of the Provider Reimbursement Manual, Health Insurance Manual 15 (HIM-15). This manual is promulgated by the Secretary of Health and Human Services as a guide to the interpretation of Medicare reimbursement regulations governing reimbursable costs under the Medicare Act. 42 U.S.C. §§ 1395 et seq. The manual section in question, HIM-15 § 2345, was promulgated in 1976 and relates to the inclusion of labor and delivery room days in the determination of the average per diem cost of routine patient…

2Cases cited9 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Weinberger v. SalfiSupreme Court of the United States · 1975
  3. Califano v. YamasakiSupreme Court of the United States · 1979
  4. Association of American Medical Colleges v. Joseph A. Califano, Jr., Secretary, Department of Health, Education and WelfareCourt of Appeals for the D.C. Circuit · 1977
  5. Pacific Coast Medical Enterprises v. HarrisCourt of Appeals for the Ninth Circuit · 1980

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3Cited by28 opinions

  1. United States v. California Care Corp.Court of Appeals for the Ninth Circuit · 1983
  2. Emma Powderly v. Richard S. Schweiker, Secretary of the Department of Health and Human Services, and Donald T. Regan, Secretary of the TreasuryCourt of Appeals for the Ninth Circuit · 1983
  3. 4 soc.sec.rep.ser. 80, unempl.ins.rep. Cch 15,133 Mario Lopez v. Margaret M. Heckler, Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1984
  4. National Association of Home Health Agencies v. Richard S. SchweikerCourt of Appeals for the D.C. Circuit · 1982
  5. Rodney BURNETT, Plaintiff-Appellant, v. Otis BOWEN, Secretary, Department of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1987

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