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HOSPITAL SAN JORGE, INC. v. U.S. SECRETARY OF H.E.W.

No. 78-1333.

598 F.2d 684 (1979)

HOSPITAL SAN JORGE, INC., Plaintiff, Appellant, v. UNITED STATES SECRETARY OF HEALTH, EDUCATION AND WELFARE, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided May 17, 1979.

Attorney(s) appearing for the Case

Eduardo Morales Coll, Santurce, P. R., for plaintiff, appellant.

Annette H. Blum, Asst. Regional Atty., New York City, with whom Barbara Allen Babcock, Asst. Atty. Gen., Dept. of Justice, Washington, D.C., and Borge Varmer, Regional Atty., New York City, were on brief, for defendants, appellees.

Before CAMPBELL and BOWNES, Circuit Judges, and JAMESON, District Judge.

LEVIN H. CAMPBELL, Circuit Judge.

Hospital San Jorge, Inc., has been a provider of medical services under Title XVIII of the Social Security Act, known as Medicare, since 1966. The Hospital, as a "provider of services," 42 U.S.C. § 1395x(u), is reimbursed for the reasonable cost of its services to Medicare patients by federal money channeled through a fiscal intermediary, 42 U.S.C. § 1395h. The Hospital's fiscal intermediary was Cruz Azul of Puerto Rico...

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