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GREATER NEW YORK HOSPITAL ASS'N v. MATHEWS

Nos. 747, 811, Dockets 75-6128, 76-6007.

536 F.2d 494 (1976)

GREATER NEW YORK HOSPITAL ASSOCIATION and Peninsula Hospital Center, on behalf of themselves and all other voluntary nonprofit hospitals which are members of Greater New York Hospital Association and which are reimbursed for Medicare services rendered to hospital patients under the Periodic Interim Payments Plan established in 1968, Plaintiffs-Appellants, United Hospital et al., Intervenor Plaintiffs-Appellants, v. F. David MATHEWS as Secretary of the United States Department of Health, Education and Welfare, and James B. Cardwell, as United States Commissioner of Social Security, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 14, 1976.

Attorney(s) appearing for the Case

Jacob Imberman, New York City (Susan C. Rosenfeld, Toby R. Hyman, Jeffrey S. Gunin, Proskauer, Rose, Goetz & Mendelsohn, New York City, of counsel), for appellants.

Andrew Ross, New York City (Hayt, Hayt, Tolmach & Landau, Great Neck, N. Y., of counsel), for intervenor appellants.

Frederick P. Schaffer, Asst. U. S. Atty., New York City (Thomas J. Cahill, U. S. Atty., S. D. N. Y., New York City, Taggart D. Adams, Steven J. Glassman, Asst. U. S. Attys., New York City, on the brief), for appellees.

Before FEINBERG, OAKES and VAN GRAAFEILAND, Circuit Judges.

OAKES, Circuit Judge:

This appeal concerns a change in the HEW regulations affecting the method by which hospitals are reimbursed for the furnishing of services to Medicare beneficiaries. Appellants sued for declaratory and injunctive relief seeking to review the administrative regulation 20 C.F.R. § 405.454(j),1 issued under 42 U.S.C. § 1395g2 by the Secretary...

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