Legal Opinion

Fairfax Nursing Center, Inc. v. Joseph A. Califano, Jr., Secretary of Health, Education & Welfare

Court of Appeals for the Fourth Circuit

Decided January 15, 1979No. 77-2136PublishedCited by 41 opinions

1Opinion of the Court

BUTZNER, Circuit Judge:

The Secretary of Health, Education, and Welfare appeals from the district court’s reversal of an order of the Provider Reimbursement Review Board which allowed the Secretary to recoup the difference between accelerated depreciation payments previously made to Fairfax Nursing Center, Inc., and the amount Fairfax would have received if depreciation had been computed on a straight-line basis. Influenced largely by decisions that have sustained the Secretary on this issue, 1 we reverse.

Title XVIII of the Social Security Act 2 established a federally-funded health insurance…

2Cases cited18 opinions

  1. Udall v. TallmanSupreme Court of the United States · 1965
  2. Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976
  3. Springdale Convalescent Center v. F. David Mathews, Secretary of Health, Education and WelfareCourt of Appeals for the Fifth Circuit · 1977
  4. Adams Nursing Home of Williamstown, Inc. v. F. David Mathews, Secretary of Health, Education and WelfareCourt of Appeals for the First Circuit · 1977
  5. South Windsor Convalescent Home, Inc. v. David Mathews, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1976

13 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. Bowen v. Georgetown University HospitalSupreme Court of the United States · 1988
  2. Good Samaritan Hospital v. ShalalaSupreme Court of the United States · 1993
  3. Independent Living Resources v. Oregon Arena Corp.District Court, D. Oregon · 1997
  4. Allen v. BerglandCourt of Appeals for the Fourth Circuit · 1981
  5. Charleston Memorial Hospital v. ConradCourt of Appeals for the Fourth Circuit · 1982

36 more not listed; retrieve them via the Exa API.

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