Legal Opinion

Bedford County Memorial Hospital v. Health & Human Services

Court of Appeals for the Fourth Circuit

Decided August 14, 1985No. Nos. 84-1672, 84-1757PublishedCited by 10 opinions

1Opinion of the Court

JAMES DICKSON PHILLIPS, Circuit Judge:

In these consolidated appeals, the Secretary of Health and Human Services (Secretary) challenges the judgment of two district courts which independently, on the complaints of two sets of hospitals, declared invalid a new regulation, 42 C.F.R. § 405.452(a)(l)(ii) (1984), promulgated by the Secretary that changed the process by which hospitals are compensated for the portion of their malpractice costs attributable to Medicare patients. We agree with the district courts that the regulation is invalid because promulgated in violation of provisions of the…

2Cases cited12 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. Mourning v. Family Publications Service, Inc.Supreme Court of the United States · 1973
  3. Home Box Office, Inc. v. Federal Communications Commission and United States of America, Professional Baseball, IntervenorsCourt of Appeals for the D.C. Circuit · 1977
  4. Daughters of Miriam Center for the Aged v. MathewsCourt of Appeals for the Third Circuit · 1978
  5. Walter O. Boswell Memorial Hospital v. HecklerCourt of Appeals for the D.C. Circuit · 1984

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3Cited by10 opinions

  1. Tallahassee Memorial Regional Medical Center v. BowenCourt of Appeals for the Eleventh Circuit · 1987
  2. Cumberland Medical Center v. Secretary of Health & Human ServicesCourt of Appeals for the Sixth Circuit · 1986
  3. 10 soc.sec.rep.ser. 344, Medicare&medicaid Gu 34,851 Bedford County Memorial Hospital Buchanan General Hospital Community Hospital of Roanoke Valley Franklin Memorial Hospital Giles Memorial Hospital Johnston Memorial Hospital King's Daughters' Hospital Lee County Community Hospital Lonesome Pine Hospital Lynchburg General-Marshall Lodge Hospital Memorial Hospital Memorial Hospital of Martinsville & Henry County Page Memorial Hospital R.J. Reynolds-Patrick County Memorial Hospital Roanoke Memorial Hospital Russell County Health Facilities Shenandoah County Memorial Hospital Smyth County Community Hospital Southampton Memorial Hospital Stonewall Jackson Hospital, Inc. Tazewell Community Hospital Twin County Community Hospital Virginia Baptist Hospital Waynesboro Community Hospital Wythe County Community Hospital and Wytheville Hospital Corporation v. Health and Human Services, Alexandria Hospital Chesapeake General Hospital Culpeper Memorial Hospital, Inc. The Fauquier Hospital General Hospital of Virginia Beach Greensville Memorial Hospital Hampton General Hospital Loudoun Memorial Hospital Louise Obici Memorial Hospital Mary Immaculate Hospital Mary Washington Hospital National Hospital for Orthopaedic Norfolk Community Hospital Northampton-Accomack Memorial Portsmouth General Hospital Potomac Hospital Prince William Hospital Richmond Community Hospital Richmond Memorial Hospital St. Mary's Hospital of Richmond, Inc. Southside Community Hospital Tidewater Memorial Hospital Whittaker Memorial Hospital Williamsburg Community Hospital v. Margaret M. Heckler, Secretary of Health and Human ServicesCourt of Appeals for the Fourth Circuit · 1985
  4. Selland v. PerryDistrict Court, D. Maryland · 1995
  5. Jordan v. LyngDistrict Court, E.D. Virginia · 1987

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