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RYE PSYCHIATRIC HOSP. CENTER, INC. v. SHALALA

Nos. 921, 1253, Dockets 94-6172, 94-6198.

52 F.3d 1163 (1995)

RYE PSYCHIATRIC HOSPITAL CENTER, INC., Plaintiff-Appellee-Cross Appellant, v. Donna E. SHALALA, Secretary, United States Department of Health and Human Services, Defendant-Appellant-Cross Appellee.

United States Court of Appeals, Second Circuit.

Decided April 10, 1995.

Attorney(s) appearing for the Case

Frederick A. Nicoll, New York City, for plaintiff-appellee-cross appellant.

Nancy L. Savitt, Asst. U.S. Atty. S.D.N.Y. (Mary Jo White, U.S. Atty., Steven M. Haber, Asst. U.S. Atty. S.D.N.Y., of counsel), for defendant-appellant-cross appellee.

Before: NEWMAN, Chief Judge, MINER, Circuit Judge, and KAPLAN, District Judge.

KAPLAN, District Judge.

Since the 1960s, the Social Security Act's Medicare provisions, 42 U.S.C. §§ 1395-1395ccc (1988) ("Medicare"), have reimbursed hospitals and other providers for many of the costs of medical care provided to qualifying persons. This case concerns the relationship between two of the hospital cost reimbursement provisions of Medicare.

The prospective payment system ("PPS"), established pursuant to the Social Security Amendments...

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