Legal Opinion

Walter O. Boswell Memorial Hospital v. Heckler

District Court, District of Columbia

Decided December 20, 1985No. Civ. A. 82-0710, 82-3259, 83-0222, 83-1092, 83-1357, 83-1903, 83-1954, 84-2993, 85-0730, 85-1290, 85-1706, 85-1707, 85-1753, 85-2402 and 85-2825PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM

BRYANT, Senior District Judge.

This action is before the court on both plaintiffs’ and defendants’ motions for summary judgment. For the reasons stated below, this court grants summary judgment for the plaintiffs, and denies defendants’ motion.

I. Introduction

In 1979, the Secretary of the Department of Health and Human Services (“HHS”) promulgated a regulation, commonly known as the Malpractice Rule, which altered the method by which hospitals are reimbursed for the malpractice insurance expenses they incur as a result of treating Medicare patients. 1 The issue before this court is…

2Cases cited11 opinions

  1. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  2. Automotive Parts & Accessories Ass'n v. BoydCourt of Appeals for the D.C. Circuit · 1968
  3. Action on Smoking and Health v. Civil Aeronautics BoardCourt of Appeals for the D.C. Circuit · 1983
  4. Abington Memorial Hospital v. HecklerDistrict Court, E.D. Pennsylvania · 1983
  5. Humana of Aurora, Inc. D/B/A Aurora Community Hospital v. Margaret M. Heckler, Secretary of the Department of Health and Human ServicesCourt of Appeals for the Tenth Circuit · 1985

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3Cited by6 opinions

  1. Georgetown University Hospital v. Otis R. Bowen, Secretary of Health and Human ServicesCourt of Appeals for the D.C. Circuit · 1988
  2. Tallahassee Memorial Regional Medical Center v. BowenCourt of Appeals for the Eleventh Circuit · 1987
  3. Georgetown University Hospital v. BowenDistrict Court, District of Columbia · 1988
  4. Swedish Hospital Corp. v. ShalalaDistrict Court, District of Columbia · 1993
  5. Georgetown University Hospital v. Otis R. Bowen, Secretary of Health and Human ServicesCourt of Appeals for the D.C. Circuit · 1988

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