CHELSEA COMMUNITY HOSPITAL v. MICHIGAN BLUE CROSS

No. 77-1752.

630 F.2d 1131 (1980)

CHELSEA COMMUNITY HOSPITAL, SNF, and Chelsea Community Hospital, a Michigan Nonprofit Corporation, Plaintiffs-Appellants, v. MICHIGAN BLUE CROSS ASSOCIATION, Blue Cross Association, and F. David Mathews, Secretary of Health, Education and Welfare, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided September 25, 1980.


Attorney(s) appearing for the Case

Alan G. Gilchrist, Paul M. Shirilla, Frimet, Goren & Bellamy, Southfield, Mich., for plaintiffs-appellants.

James K. Robinson, U.S. Atty., Detroit, Mich., William Z. Elliott, Robert E. Kopp, Barbara Allen Babcock, Atty., General Litigation Sec., Civil Division, Dept. of Justice, Washington, D. C., for defendants-appellees.

Before EDWARDS, Chief Judge, MERRITT, Circuit Judge, and PECK, Senior Circuit Judge.


JOHN W. PECK, Senior Circuit Judge.

This case raises the vexing question whether Congress in 1965 intended to preclude judicial review of the procedures adopted by the Secretary of Health, Education and Welfare [the Secretary] for reimbursing providers of Medicare services for their costs incurred. We hold that Congress did not so intend, and that it was therefore error for the district court to dismiss appellants' action for lack of jurisdiction.

Appellants...

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