Legal Opinion

Holy Cross Hospital-Mission Hills v. Heckler

Court of Appeals for the Ninth Circuit

Decided December 21, 1984No. 83-6312PublishedCited by 4 opinions

1Opinion of the Court

HUG, Circuit Judge:

Holy Cross Hospital-Mission Hills and Valley Presbyterian Hospital (the “hospitals”) brought this action challenging the validity of a Medicare regulation denying hospitals reimbursement under the Medicare program for the cost of patient bedside telephones. The district court granted the motion of the Secretary of Health and Human Services (the “Secretary”) for summary judgment, and the hospitals appeal.

The issues on appeal are (1) whether this court has jurisdiction to review the validity of the regulation, and (2) whether the regulation exceeded the authority of the…

2Cases cited14 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  3. Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978
  4. Thorpe v. Housing Authority of DurhamSupreme Court of the United States · 1969
  5. Mourning v. Family Publications Service, Inc.Supreme Court of the United States · 1973

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3Cited by4 opinions

  1. 9 soc.sec.rep.ser. 114, Medicare&medicaid Gu 34,538 Bedford County General Hospital v. Margaret Heckler, Secretary of Health and Human ServicesCourt of Appeals for the Sixth Circuit · 1985
  2. Flores v. MeeseCourt of Appeals for the Ninth Circuit · 1990
  3. Holy Cross Hospital-Mission Hills v. HecklerCourt of Appeals for the Ninth Circuit · 1984
  4. Linoz v. HecklerCourt of Appeals for the Ninth Circuit · 1986

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