Legal Opinion

White Memorial Medical Center v. Schweiker

Court of Appeals for the Ninth Circuit

Decided April 3, 1981No. Nos. 79-3204, 79-3209PublishedCited by 38 opinions

1Opinion of the Court

GOODWIN, Circuit Judge.

The appellants are nonprofit hospitals that qualify as Medicare “providers of services” under 42 U.S.C. § 1395-1395rr.1 They appeal the district court’s summary judgment, which affirmed in effect a decision of the Secretary of Health, Education and Welfare.2 The district court ruled that the hospitals did not meet the $50,000 group appeal jurisdictional requirement for 1973 and that the “Definitive Observation Units/Intermediate Care Units” [hereinafter “DOU’s”] were not “special care inpatient hospital units” within the meaning of 42 C.F.R. § 405.452(d)(10). We reverse…

2Cases cited4 opinions

  1. Pacific Coast Medical Enterprises v. HarrisCourt of Appeals for the Ninth Circuit · 1980
  2. Trinity Services, Inc., a Florida Corporation v. F. Ray Marshall, Secretary of LaborCourt of Appeals for the D.C. Circuit · 1978
  3. Good Samaritan Hospital v. MathewsCourt of Appeals for the Ninth Circuit · 1979
  4. Cleveland Memorial Hospital, Inc. v. CalifanoCourt of Appeals for the Fourth Circuit · 1979

3Cited by38 opinions

  1. Psychiatric Institute of Washington, D. C., Inc. v. Richard S. Schweiker, Secretary of Health & Human ServicesCourt of Appeals for the D.C. Circuit · 1981
  2. ST. ELIZABETH COMMUNITY HOSPITAL, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1984
  3. Loma Linda University v. SchweikerCourt of Appeals for the Ninth Circuit · 1983
  4. Clark v. KizerDistrict Court, E.D. California · 1990
  5. BETH ISRAEL HOSPITAL, Plaintiff, Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant, AppelleeCourt of Appeals for the First Circuit · 1984

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