OVERLOOK NURSING HOME, INC. v. UNITED STATES

No. 188-72.

556 F.2d 500 (1977)

OVERLOOK NURSING HOME, INC. v. The UNITED STATES.

United States Court of Claims.

May 18, 1977.


Attorney(s) appearing for the Case

Richard H. Gens, Boston, Mass., attorney of record for plaintiff. Leppo & Gens, Boston, Mass., of counsel.

Arlene Fine, Washington, D.C., with whom was Acting Asst. Atty. Gen. Irving Jaffe, New York City, for defendant. Carol Tootle, Atty., Social Security Administration, Dept. of HEW, Baltimore, Md., of counsel.

Before NICHOLS, KUNZIG and BENNETT, Judges.


ON PLAINTIFF'S MOTION AND DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT

NICHOLS, Judge.

This case is before us on cross-motions for summary judgment. Plaintiff sues the United States for payment allegedly due under 42 U.S.C. § 1395x(v), for services it rendered pursuant to the Medicare program. Under the program, a hospital or other "provider of medical services," as defined in § 1395x(u), that wishes to treat patients eligible for medical assistance...

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