Legal Opinion

Memorial Hospital, Cross-Appellees v. Margaret M. Heckler, Secretary, Department of Health and Human Services, Cross-Appellant

Court of Appeals for the Eleventh Circuit

Decided August 11, 1983No. 81-6230PublishedCited by 42 opinions

1Opinion of the Court

RONEY, Circuit Judge:

In this case we make two significant decisions. First, we hold that hospitals are not entitled to Medicare reimbursement for telephone services provided to patients, since they are excluded as “personal comfort items.” On this decision we are in accord with the only other court of appeals case on point. Saint Mary of Nazareth Hospital Center v. Department of Health and Human Services, 698 F.2d 1337 (7th Cir.1983).

Second, we hold that hospitals may not charge the federal Medicare program for the free care provided to patients as a con dition for receiving Hill-Burton…

2Cases cited21 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  3. Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
  4. Lynch v. United StatesSupreme Court of the United States · 1934
  5. Batterton v. FrancisSupreme Court of the United States · 1977

16 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. Charles A. Castle v. Sangamo Weston, Inc., a Corporation, Chris Papastrat, Shelby Bass v. Sangamo Weston, Inc., a CorporationCourt of Appeals for the Eleventh Circuit · 1988
  2. COLONIAL PENN INSURANCE COMPANY, Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, AppelleeCourt of Appeals for the Third Circuit · 1983
  3. Georgia Association of Retarded Citizens v. Dr. Charles McDaniel in His Official Capacity as State Superintendent of SchoolsCourt of Appeals for the Eleventh Circuit · 1988
  4. Athens Community Hospital, Inc. v. SchweikerCourt of Appeals for the D.C. Circuit · 1984
  5. Tallahassee Memorial Regional Medical Center v. BowenCourt of Appeals for the Eleventh Circuit · 1987

37 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API