Legal Opinion
Sunshine Health Systems, Inc. v. Bowen
Court of Appeals for the Ninth Circuit
Decided February 6, 1987No. Nos. 85-6368, 86-6338PublishedCited by 6 opinions
1Opinion of the Court
TANG, Circuit Judge:
The Secretary of Health and Human Services (Secretary) appeals from the district court’s summary judgment holding that one of the Secretary’s Medicare regulations is invalid. The district court held that 42 C.F.R. § 412.71(a)(2) (1985) is inconsistent with 42 U.S.C. § 1395ww(b)(5) (1982) and that the Secretary’s designation of the Christian Hospital Medical Center, owned by Sunshine Health Systems, Inc. (Sunshine), as a “new hospital” for purposes of Medicare reimbursement was an abuse of discretion.
The Secretary contends that: (1) the district court lacked subject matter…
2Cases cited6 opinions
- Regents Of The University Of California v. HecklerCourt of Appeals for the Ninth Circuit · 1985
- Washington Hospital Center v. BowenCourt of Appeals for the D.C. Circuit · 1986
- CHARTER MEDICAL CORP., Et Al., Plaintiffs-Appellees, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-AppellantCourt of Appeals for the Eleventh Circuit · 1986
- Vance v. HegstromCourt of Appeals for the Ninth Circuit · 1986
- Greenville Hospital System v. HecklerDistrict Court, D. South Carolina · 1985
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Springdale Memorial Hospital Association, Inc. v. Otis R. Bowen, M.D., Secretary of Health & Human ServicesCourt of Appeals for the Eighth Circuit · 1987
- Sunshine Health Systems, Inc. v. BowenCourt of Appeals for the Ninth Circuit · 1987
- St. Tammany Parish Hospital Service District v. Department of Health & Human ResourcesDistrict Court, E.D. Louisiana · 1988
- Bresgal v. BrockCourt of Appeals for the Ninth Circuit · 1988
- Springdale Memorial Hospital Association, Inc. v. Otis R. Bowen, M.D., Secretary of Health & Human ServicesCourt of Appeals for the Eighth Circuit · 1987
1 more not listed; retrieve them via the Exa API.