Legal Opinion
Downtown Medical Center/Comprehensive Health Care Clinic v. Bowen
Court of Appeals for the Tenth Circuit
Decided September 10, 1991No. Nos. 88-2120, 88-2636PublishedCited by 6 opinions
1Opinion of the Court
HOLLOWAY, Chief Judge.
The Secretary of the Department of Health and Human Services (the Secretary) appeals from the district court’s grant of summary judgment and award of attorney fees to Downtown Medical Center/Comprehensive Health Care Clinic (CHC). The district court ruled that a hearing officer, acting on behalf of the Secretary, erred as a matter of law in denying CHC reimbursement under the Medicare program for certain psychological and physical therapy services. In awarding attorney fees, the court ruled that the Secretary’s defense on the merits was not substantially justified within…
2Cases cited27 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Weinberger v. SalfiSupreme Court of the United States · 1975
- Bowles v. Seminole Rock & Sand Co.Supreme Court of the United States · 1945
- Heckler v. Community Health Services of Crawford County, Inc.Supreme Court of the United States · 1984
- Office of Personnel Management v. RichmondSupreme Court of the United States · 1990
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3Cited by6 opinions
- Bar MK Ranches v. YuetterCourt of Appeals for the Tenth Circuit · 1993
- Bar Mk Ranches v. YuetterCourt of Appeals for the Tenth Circuit · 1993
- Headache and Pain Center v. SECRETARY OF HEALTHDistrict Court, D. Kansas · 1998
- Michigan Ass'n of Independent Clinical Laboratories v. ShalalaCourt of Appeals for the Sixth Circuit · 1994
- Michigan Association Of Independent Clinical Laboratories v. ShalalaCourt of Appeals for the Sixth Circuit · 1995
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