Overlook Nursing Home, Inc. v. United States

This case is before us on cross-motions for summary judgment. Plaintiff sues the United States for payment allegedly due under 42 U.S.C. § 1395x(v), for services it rendered pursuant to the Medicare program. Under the program, a hospital or other "provider of medical services,” as defined in § 1395x(u),, that wishes to treat patients eligible for medical assistance through Medicare may apply with the Secretary of Health, Education and Welfare for recognition as a "provider.” Providers agree, once enrolled, to furnish medical care to elderly patients without charge, but to accept as…