Hospital Affiliates International, Inc. v. Schweiker

MEMORANDUM

FRANK W. WILSON, Chief Judge.

This is an action under the Medicare Act, 42 U.S.C. §§ 1395 et seq. (1976) as amended. The plaintiff alleges that it suffered a capital loss when it sold a capital asset to Downtown Hospital Association (DHA) in 1975 (¶ 11, Court File # 1). It is alleged that this loss was the result of the failure of Hospital Affiliates International (HAI) adequately to depreciate the building and equipment sold to DHA. HAI now seeks reimbursement for part of this loss under 42 CFR § 405.415. The case is presently before the Court upon plaintiff’s motion for summary…