Johnson County Memorial Hospital v. Richard S. Schweiker, Secretary of Health and Human Services, Defendant

COFFEY, Circuit Judge.

This is an appeal from the decision of the district court granting the plaintiffs’ motion for summary judgment while denying the defendant’s like motion on the grounds that the costs incurred by the plaintiffs in providing a percentage of free care to indigent persons in fulfillment of the hospitals’ obligations under the Hill-Burton Act did not constitute “charity allowances” and thus were reimbursable expenses under the Medicare program. Reverse.

The plaintiffs are fifty-one hospitals located throughout the state of Indiana, and each of these hospitals received federal…