Aurora Community Hospital v. Heckler

ORDER

CHARLES R. RICHEY, District Judge.

Before the court are plaintiffs’ motion for summary judgment and defendant’s motion to remand. Plaintiffs, “providers] of services” participating in the Medicare program, 42 U.S.C. § 1395 et seq., are challenging defendant’s reimbursement for certain fiscal years. At issue is the proper treatment of maternity patients found in the labor/delivery area at the midnight census-taking hour for purposes of calculating the average per diem cost for routine patient care. The court finds that this case presents the identical questions of fact and law considered…