Legal Opinion
Humana of Aurora, Inc. D/B/A Aurora Community Hospital v. Margaret M. Heckler, Secretary of the Department of Health and Human Services
Court of Appeals for the Tenth Circuit
Decided February 11, 1985No. 83-2417PublishedCited by 31 opinions
1Opinion of the Court
SETH, Circuit Judge.
This appeal presents a challenge to the “Malpractice Rule,” a regulation promulgated in 1979 by the Department of Health and Human Services. 42 C.F.R. § 405.-452(b)(l)(ii). The rule is a substantial departure from the reimbursement methods previously used to compensate hospitals for care of Medicare patients. With the large increase in malpractice insurance costs, the Department had become convinced that hospitals were overpaid by Medicare for the costs of such insurance. See 44 Fed. Reg. 15,744, 15,745 (1979). Hospitals across the country unanimously opposed the change.…
2Cases cited11 opinions
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Burlington Truck Lines, Inc. v. United StatesSupreme Court of the United States · 1962
- Camp v. PittsSupreme Court of the United States · 1973
- St. John's Hickey Memorial Hospital, Inc. v. Joseph A. Califano, Jr., Secretary of HewCourt of Appeals for the Seventh Circuit · 1979
6 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Texas Oil & Gas Ass'n v. United States Environmental Protection AgencyCourt of Appeals for the Fifth Circuit · 1998
- Natural Resources Defense Council v. United States Environmental Protection AgencyCourt of Appeals for the Second Circuit · 2015
- Fort Sumter Tours, Inc. v. BabbittCourt of Appeals for the Fourth Circuit · 1995
- St. James Hospital v. HecklerCourt of Appeals for the Seventh Circuit · 1985
- Tallahassee Memorial Regional Medical Center v. BowenCourt of Appeals for the Eleventh Circuit · 1987
26 more not listed; retrieve them via the Exa API.