Legal Opinion
Cumberland Medical Center v. Secretary of Health & Human Services
Court of Appeals for the Sixth Circuit
Decided January 15, 1986No. Nos. 83-5546, 83-5579, 84-1146 and 84-1188PublishedCited by 18 opinions
1Opinion of the Court
NATHANIEL R. JONES, Circuit Judge.
The eases consolidated for disposition by this opinion represent some of the last glowing embers of a hotly controversial Medicare regulation whose validity has been all but extinguished by appeals before most of the other federal circuit courts of the nation. The regulation, known as the Malpractice Rule, 42 C.F.R. § 405.-452(a)(1)(h) (1984), has been set aside by all of the courts of appeals that have considered it on the merits. Today we join this overwhelming majority and hold the Malpractice Rule invalid.
The regulation governs the manner in which the…
2Cases cited14 opinions
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Addison v. Holly Hill Fruit Products, Inc.Supreme Court of the United States · 1944
- Burlington Northern Inc. v. United StatesSupreme Court of the United States · 1982
- Walter O. Boswell Memorial Hospital v. HecklerCourt of Appeals for the D.C. Circuit · 1984
- Humana of Aurora, Inc. D/B/A Aurora Community Hospital v. Margaret M. Heckler, Secretary of the Department of Health and Human ServicesCourt of Appeals for the Tenth Circuit · 1985
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Tallahassee Memorial Regional Medical Center v. BowenCourt of Appeals for the Eleventh Circuit · 1987
- Oceana, Inc. v. EvansDistrict Court, District of Columbia · 2005
- Clark Fork Coalition v. Montana WelMontana Supreme Court · 2016
- APPALACHIAN REGIONAL HEALTHCARE, INC., Plaintiff-Appellee, v. the UNITED STATES, Defendant-AppellantCourt of Appeals for the Federal Circuit · 1993
- Mason General Hospital v. Secretary of the Department of Health & Human ServicesCourt of Appeals for the Sixth Circuit · 1987
13 more not listed; retrieve them via the Exa API.