Borgess Medical Center v. Schweiker

OPINION

BENJAMIN F. GIBSON, District Judge.

This case involves an attempt by three non-profit hospitals to receive Medicare reimbursement for the cost of equity capital. Regulations provide for such reimbursement to proprietary providers, but not to non-profit providers. Presently before the Court are two motions. Defendants have filed a motion to dismiss for lack of subject matter jurisdiction, which they now wish to have considered as an alternative motion for summary judgment, and plaintiffs have filed a motion for summary judgment.

The “Medicare” program, 42 U.S.C. § 1395 et seq., provides…