CALIFORNIA HOSPITAL ASS'N v. OBLEDO

No. 77-2220.

602 F.2d 1357 (1979)

CALIFORNIA HOSPITAL ASSOCIATION, a nonprofit California Corporation, and United Hospital Association, a nonprofit California Corporation, Lindsay District Hospital, a District Hospital, West Adams Community Hospital, a community nonprofit hospital corporation, Van Nuys Community Hospital, a general partnership, Anaheim General Hospital, a California Corporation, Fresno Community Hospital, a nonprofit California Corporation, John Muir Memorial Hospital, a nonprofit California Corporation, Samuel Merrit Hospital, a nonprofit California Corporation, Roseville Community Hospital, a nonprofit California Corporation, individually and on behalf of all similarly situated, Plaintiffs-Appellees, v. Mario OBLEDO, Secretary of Health and Welfare, State of California, Jerome A. Lackner, M.D., Director of Health, State Department of Health, State of California, and David Matthews, Secretary of Health, Education and Welfare, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

August 27, 1979.


Attorney(s) appearing for the Case

Evelle J. Younger, Atty. Gen., Sacramento, Cal., Joseph Califano, Sec. HEW Dept. of Justice, Washington, D. C., Michael H. Cook, argued, Washington, D. C., Floyd D. Shimomura, argued, Deputy Atty. Gen., Sacramento, Cal., J. Mark Waxman, argued, Los Angeles, Cal., for defendants-appellants.

James B. Bertero, Los Angeles, Cal., Robert A. Klein, argued, James B. Bertero, argued, Los Angeles, Cal., for plaintiffs-appellees.

Before BROWNING and TANG, Circuit Judges, and CLAIBORNE, District Judge.


BROWNING, Circuit Judge:

Two questions are presented: (1) whether under the Medicaid Act, Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., (which provides for federal funding of state programs to furnish medical assistance to people with low income) the Secretary of HEW may approve a provision of a state program that limits reimbursement of hospitals for inpatient care to a fixed percentage of the particular hospital's costs for the previous year...

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