DANIEL FREEMAN MEMORIAL HOSPITAL v. SCHWEIKER

No. 79-3334.

656 F.2d 473 (1981)

DANIEL FREEMAN MEMORIAL HOSPITAL, et al., Plaintiffs-Appellants, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 14, 1981.


Attorney(s) appearing for the Case

Patric Hooper, Weissburg & Aronson, Inc., Los Angeles, Cal., for plaintiffs-appellants.

Vicki Schulkin, Dept. of Health & Human Services, Washington, D.C., argued for defendant-appellee; Carolyn M. Reynolds, Los Angeles, Cal., on brief.

Before WALLACE and SCHROEDER, Circuit Judges, and SOLOMON, District Judge.


SCHROEDER, Circuit Judge:

This is a suit by a group of California Hospitals challenging a section of the Provider Reimbursement Manual, Health Insurance Manual 15 (HIM-15). This manual is promulgated by the Secretary of Health and Human Services as a guide to the interpretation of Medicare reimbursement regulations governing reimbursable costs under the Medicare Act. 42 U.S.C. §§ 1395 et seq. The manual section in question, HIM-15 § 2345, was...

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