Legal Opinion

National Medical Enterprises, Inc. v. Sullivan

Court of Appeals for the Ninth Circuit

Decided October 10, 1990No. 89-55859PublishedCited by 5 opinions

1Opinion of the Court

WILLIAM A. NORRIS, Circuit Judge:

This case involves the claims of eighteen hospitals (“Providers”) seeking Medicare reimbursement for stock maintenance costs incurred by their corporate owner, National Medical Enterprises (“NME”), during the fiscal years 1974 to 1979. The costs in dispute include stock transfer agent fees, stock and exchange registration fees and costs attributable to SEC filings, stockholder meetings, annual reports to stockholders, and institutional public relations relat*544ed to stock and financial matters. The Secretary of Health and Human Services (“Secretary”) ruled that,…

2Cases cited11 opinions

  1. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  2. United States v. MendozaSupreme Court of the United States · 1984
  3. Federal Deposit Insurance v. Philadelphia Gear Corp.Supreme Court of the United States · 1986
  4. American Medical International, Inc. v. Secretary of Health, Education and WelfareCourt of Appeals for the D.C. Circuit · 1981
  5. BEDFORD MEDICAL CENTER, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health & Human Services, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1985

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3Cited by5 opinions

  1. Congress of California Seniors v. Catholic Healthcare WestCalifornia Court of Appeal · 2001
  2. Jose v. M/V FIR GROVEDistrict Court, D. Oregon · 1991
  3. Golightly v. YeutterDistrict Court, D. Arizona · 1991
  4. National Medical Enterprises, Inc. v. SullivanCourt of Appeals for the Ninth Circuit · 1990
  5. 48 soc.sec.rep.ser. 195, 19 Employee Benefits Cas. 1824, Medicare & Medicaid Guide P 43,401 Dominguez Valley Hospital Ontario Community Hospital Ojai Community Hospital Manteca Hospital Doctors Hospital of Lakewood Los Alamitos Medical Center, Los Alamitos Medical Center--Psych Chico Community Hospital Memorial Hospital of Redding, Redding Medical Center, Redding Medical Center--Rehabilitation, Redding Medical Center--Detox Modesto City Hospital Garfield Medical Center--Rehabilitation Lodi Community Hospital Doctors Hospital--Modesto Doctors Hospital--Modesto Hha Doctors Hospital of Pinole Doctors Hospital of Pinole--Detox Indio Community Hospital Los Altos Hospital Doctors Hospital of Lakewood--South Alvarado Community Hospital Doctors Hospital of Montclair Twin Cities Community Hospital Palms of Pasadena Hospital John F. Kennedy Memorial Hospital Lake Seminole Hospital Hollywood Medical Center Seven Rivers Community Hospital Medfield Center Sierra Medical Center Meadowcrest Hospital St. Charles General Hospital Rehabilitation Institute of Oklahoma Jackson Specialty Hospital/snf Wilmot Psychiatric/medicenter, Tucson San Diego Physicians & Surgeons Mid-South Hospital Highland Hospital Dallas Rehabilitation Institute Northgate General Hospital Community Hospital of Los Gatos Delray Community Hospital Forkosh Memorial Hospital Flint Goodridge Hospital J.E. smith/f.e. Hebert Hospitals/snf Dedman Medical Center/brookhaven/snf Placentia Linda Community Hospital Carrollton Community Hospital University Medical Center v. Donna E. Shalala, Secretary of the Department of Health & Human ServicesCourt of Appeals for the Ninth Circuit · 1995

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