Legal Opinion

Hospital Ass'n v. Secretary of Health & Human Services

Court of Appeals for the First Circuit

Decided June 8, 1987No. Nos. 86-1891, 86-1952PublishedCited by 4 opinions

1Opinion of the Court

MALETZ, Senior Judge.

This action concerns the amount of Medicare reimbursement owed to appellee hospitals, providers of services to Medicare beneficiaries, for the cost of malpractice insurance premiums in cost years 1980 through 1982.1 The district court found that the 1979 regulation used by the Secretary of Health and Human Services (“Secretary”) to calculate that reimbursement was invalid, and awarded relief based on the regulation in effect prior to 1979. The Secretary appeals from that judgment; the hospitals cross-appeal from the dismissal of one count of their complaint. We vacate the…

2Cases cited36 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Powell v. McCormackSupreme Court of the United States · 1969
  3. Heckler v. RingerSupreme Court of the United States · 1984
  4. Federal Communications Commission v. Pottsville Broadcasting Co.Supreme Court of the United States · 1940
  5. New York City Transit Authority v. BeazerSupreme Court of the United States · 1979

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3Cited by4 opinions

  1. Robert Wood Johnson University Hospital, a Non-Profit Corporation v. Tommy G. Thompson, United States Department of Health and Human ServicesCourt of Appeals for the Third Circuit · 2002
  2. Lion Health Services, Inc. v. SebeliusCourt of Appeals for the Fifth Circuit · 2011
  3. 18 soc.sec.rep.ser. 32, Medicare&medicaid Gu 36,348 Hospital Association of Rhode Island v. Secretary of Health and Human Services, Hospital Association of Rhode Island v. Secretary of Health and Human ServicesCourt of Appeals for the First Circuit · 1987
  4. Dyna Care Home Health, Inc. v. ShalalaDistrict Court, N.D. Illinois · 1999

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