Delaware County Memorial Hospital v. Sullivan

MEMORANDUM and ORDER

SHAPIRO, District Judge.

I. INTRODUCTION

Before the court are cross-motions for summary judgment. Plaintiff Delaware County Memorial Hospital (“DCMH”) filed a complaint for declaratory relief and money allegedly due under the health costs reimbursement .program established under Title XVIII of the Social Security Act (“Medicare”). 42 U.S.C. § 1395 et seq. In 1979-80, plaintiff settled uninsured malpractice claims for $1 million; plaintiff seeks reimbursement for a portion of the settlement ($464,000), plus interest, attorney’s fees and costs. Defendants, in their…