Legal Opinion

Georgetown University Hospital v. Otis R. Bowen, Secretary of Health and Human Services

Court of Appeals for the D.C. Circuit

Decided November 15, 1988No. 88-5026, 88-5040PublishedCited by 30 opinions

1Opinion of the Court

Opinion for the Court filed by Chief Judge WALD.

Concurring opinion filed by Circuit Judge MIKVA.

WALD, Chief Judge:

Appellees are twelve not-for-profit hospitals that successfully challenged the application of various regulations under the Medicare reimbursement scheme. The Secretary of the Department of Health and Human Services (“Secretary”) agreed to make retrospective payments for years pri- or to 1983, the year in which Congress enacted a four-year transition to the Prospective Payment System (“PPS”), and he agreed to make prospective adjustments for years beginning after the final…

2Cases cited11 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. K Mart Corp. v. Cartier, Inc.Supreme Court of the United States · 1988
  3. Board of Governors of the Federal Reserve System v. Dimension Financial Corp.Supreme Court of the United States · 1986
  4. Gene Rettig v. Pension Benefit Guaranty CorporationCourt of Appeals for the D.C. Circuit · 1984
  5. Transcontinental & Western Air, Inc. v. Civil Aeronautics BoardSupreme Court of the United States · 1949

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3Cited by30 opinions

  1. County of Los Angeles, a Political Subdivision of the State of California, Owner and Operator of Los Angeles County/usc Medical Center, Harbor/ucla Medical Center, Martin Luther King Jr./drew Medical Center, Olive View Medical Center and High Desert Hospital Appellees/cross-Appellants v. Donna E. Shalala, Secretary, U.S. Department of Health and Human Services Appellant/cross-AppelleeCourt of Appeals for the D.C. Circuit · 1999
  2. Methodist Hospital of Sacramento v. Donna E. Shalala, Secretary of Health and Human ServicesCourt of Appeals for the D.C. Circuit · 1994
  3. Tucson Medical Center v. Louis W. Sullivan, M.D., Secretary, Department of Health and Human ServicesCourt of Appeals for the D.C. Circuit · 1991
  4. Baystate Medical Center v. LeavittDistrict Court, District of Columbia · 2008
  5. Ayuda, Inc. v. Richard ThornburghCourt of Appeals for the D.C. Circuit · 1989

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