New York Eye and Ear Infirmary v. Heckler

OPINION

SAND, District Judge.

This action is brought under section 1878(f)(1) of the Social Security Act, as amended, 42 U.S.C. § 1395oo(f)(l) (1982), to review a final determination of the Secretary of Health and Human Services, Margaret Heckler (hereinafter “the Secretary”), denying plaintiff’s request for Medicare reimbursement sought pursuant to sections 1814(b) and 1861(v) of the Social Security Act, 42 U.S.C. §§ 1395f, 1395x (1982).

Plaintiff, The New York Eye and Ear Infirmary, is a nonprofit hospital that is certified to participate in the Medicare program as a provider of medical…