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REGIONS HOSPITAL v. SHALALA

No. 96-1375.

522 U.S. 448 (1998)

REGIONS HOSPITAL v. SHALALA, SECRETARY OF HEALTH AND HUMAN SERVICES

United States Supreme Court.

Decided February 24, 1998.

Attorney(s) appearing for the Case

Ronald N. Sutter argued the cause and filed briefs for petitioner.

Lisa Schiavo Blatt argued the cause for respondent. With her on the brief were Acting Solicitor General Waxman, Assistant Attorney General Hunger, Deputy Solicitor General Kneedler, Deputy Assistant Attorney General Preston, Barbara C. Biddle, Neil H. Koslowe, Harriet S. Rabb, Henry R. Goldberg, and Thomas W. Coons.

Ginsburg, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, Kennedy, Souter, and Breyer, JJ., joined. Scalia, J., filed a dissenting opinion, in which O'Connor and Thomas, JJ., joined, p. 464.

Justice Ginsburg, delivered the opinion of the Court.

Section 9202(a) of the Medicare and Medicaid Budget Reconciliation Amendments of 1985, Pub. L. 99-272, 100 Stat. 151, 171-175, 42 U. S. C. § 1395ww(h) (GME Amendment), provides: "The Secretary [of Health and Human Services] shall determine, for the hospital's cost reporting period that began during fiscal year 1984, the average amount recognized as reasonable under...

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