St. James Hospital v. Heckler

MEMORANDUM OPINION

WILL, District Judge.

In this action, plaintiff, a provider of services under Part A of the Medicare program, 42 U.S.C. § 1395x(u), challenges an administrative regulation, 42 C.F.R. § 405.-452(b)(l)(ii) 1 , which alters the computation formula, in effect since the inception of the Medicare program in 1966, used to reimburse provider hospitals for the costs of malpractice insurance. Before us are plaintiffs and defendant’s cross-motions for summary judgment and defendant’s motion to strike plaintiff’s affidavits in Attachment C to its complaint for declaratory and injunctive…