Legal Opinion

Faith Hospital Ass'n v. United States

United States Court of Claims

Decided September 10, 1980No. 532-78PublishedCited by 1 opinion

1Opinion of the CourtKunzig, Judge

*134This difficult and complex Medicare case deals with the appropriate allocation of costs for Faith Hospital’s ancillary services departments — anesthesiology, cardiology, pathology and radiology — concerning hospital-based physicians. Once more, it involves this court in the application and interpretation of the Secretary of Health, Education, and Welfare’s (HEW)1 troubled regulation2 20 C.F.R. § 405.486 (1973).3 Upon review of plaintiffs fiscal year end reports, defendant, acting through the fiscal intermediary, Blue Cross Association, determined that plaintiff made a profit from treating…

Also in this document: Dissent.

2Cases cited15 opinions

  1. Gregory v. HelveringSupreme Court of the United States · 1935
  2. Jose R. E. Martinez v. Elliot L. Richardson, Individually and as the Secretary of the United States Department of Health, Education and WelfareCourt of Appeals for the Tenth Circuit · 1973
  3. Gosman v. United StatesUnited States Court of Claims · 1978
  4. Frank Grace v. Fred Butterworth, Etc.Court of Appeals for the First Circuit · 1980
  5. Overlook Nursing Home, Inc. v. United StatesUnited States Court of Claims · 1977

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3Cited by1 opinion

  1. Foote Mineral Co. v. United StatesUnited States Court of Claims · 1981

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