Legal Opinion
Mason General Hospital v. Secretary of the Department of Health & Human Services
Court of Appeals for the Sixth Circuit
Decided January 21, 1987No. 86-1011PublishedCited by 6 opinions
1Opinion of the Court
RALPH B. GUY JR., Circuit Judge.
This case represents one of a long line of cases challenging the promulgation by the Secretary of Health and Human Services of the 1979 Medicare Malpractice Rule, 42 C.F.R. § 405.452(b)(1)(H) (subsequently renumbered § 405.452(a)(l)(ii) (1985)) (the 1979 Rule). The procedural history set forth below is complicated but important to our resolution of the issues on appeal.
On March 28, 1983, plaintiff hospitals (the hospitals) filed suit in the district court alleging that the 1979 Rule was substantively invalid under the Administrative Procedure Act (APA), 5…
2Cases cited25 opinions
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
- Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
- Addison v. Holly Hill Fruit Products, Inc.Supreme Court of the United States · 1944
- Retail, Wholesale and Department Store Union, Afl-Cio v. National Labor Relations Board, National Labor Relations Board v. Coca Cola Bottling Works, Inc.Court of Appeals for the D.C. Circuit · 1972
- Action on Smoking and Health v. Civil Aeronautics BoardCourt of Appeals for the D.C. Circuit · 1983
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3Cited by6 opinions
- Tallahassee Memorial Regional Medical Center v. BowenCourt of Appeals for the Eleventh Circuit · 1987
- Leila Hospital & Health Center v. BowenDistrict Court, W.D. Michigan · 1987
- Mason General Hospital v. Secretary Of The Department Of Health And Human ServicesCourt of Appeals for the Sixth Circuit · 1987
- Leila Hospital & Health Center v. BowenCourt of Appeals for the Sixth Circuit · 1989
- Leila Hospital And Health Center v. BowenCourt of Appeals for the Sixth Circuit · 1989
1 more not listed; retrieve them via the Exa API.