Saint Francis Memorial Hospital v. Weinberger

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

ZIRPOLI, District Judge.

This case presents the question whether hospitals, as “providers” of medical services to Medicare recipients, are entitled to reimbursement under the Medicare Act for interest paid on construction loans in the year they pay it when, under their normal accounting practices, they “expense” such interest payments. Plaintiff is a hospital recognized as a provider under the Medicare Act, 42 U.S.C. section 1395. It seeks to compel defendants, the Secretary of Health, Education and Welfare, the Blue Cross Association and…