Catholic Med. Cen. of Brooklyn & Queens, Inc. v. Rockefeller

MEMORANDUM AND DECLARATORY JUDGMENT

JUDD, District Judge.

The Secretary of Health, Education and Welfare has submitted a brief amicus curiae in response to the invitation in this court’s Interim Memorandum. 305 F.Supp. 1256.

The Interim Memorandum pointed out the apparent conflict between federal standards for payment for inpatient hospital services and the New York freeze of rates for such payment, but also took note of the state’s arguments about H E W’s administrative expertise and about the doctrine of primary jurisdiction, to the extent of deferring decision until HEW could express its…