Dr. John T. MacDonald Foundation, Inc. v. Mathews

GEE, Circuit Judge:

The Dr. John T. MacDonald Foundation, Inc., doing business as Doctors’ Hospital, brought this suit for declaratory and injunctive relief to require HEW to reopen and recompute final administrative determinations of the Medicare program reimbursement due the hospital under Title XVIII of the Social Security Act, 42 U.S.C. § 1395, et seq. (1974), for the years 1967 through 1972. During those years, Doctors’ Hospital generated between $100,000 and $150,000 annual revenue by leasing its radiology department to a group of radiologists. HEW maintains that the hospital’s Medicare…