University of Michigan Hospital v. Bowen

KEITH, Circuit Judge.

Appellant, Secretary of Health and Human Services (“Secretary”), appeals the decision of the United States District Court, Eastern District of Michigan, requiring the Secretary to reimburse appellees, a group of Michigan hospitals (“hospitals”), for costs associated with the Medicare reimbursement program. The hospitals, providers of Medicare services, brought this action challenging a decision of the Secretary that labor/delivery room days are to be included in the determination of a provider’s average per diem cost of routine in-patient care. For the reasons set forth…