PSYCHIATRIC INSTITUTE, ETC. v. SCHWEIKER

No. 81-1110.

669 F.2d 812 (1981)

PSYCHIATRIC INSTITUTE OF WASHINGTON, D. C., INC. v. Richard S. SCHWEIKER, Secretary of Health & Human Services, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 15, 1981.


Attorney(s) appearing for the Case

Evelyn Bradford, Atty., Dept. of Health and Human Services, Los Angeles, Cal., with whom Thomas S. Martin, Acting Asst. Atty. Gen., Charles F. C. Ruff, U. S. Atty., and William Kanter, Atty., Dept. of Justice, Washington, D. C., were on the brief, for appellant. Kenneth M. Raisler and Valerie Schurman, Asst. U. S. Attys., and Katherine S. Gruenheck, Atty., Dept. of Justice, Washington, D. C., entered appearances for appellant.

Michael G. Scheininger, Washington, D. C., with whom Martin J. Gaynes, Washington, D. C., was on the brief, for appellee.

Patric Hooper, Los Angeles, Cal., was on the brief for amici curiae Los Alamitos General Hospital, Inc. et al., urging affirmance.

Before WRIGHT, Circuit Judge, McGOWAN, Senior Circuit Judge, and MIKVA, Circuit Judge.


Opinion for the court per curiam.

PER CURIAM:

The Secretary of Health and Human Services appeals from summary judgment for appellee on a petition for review of the Secretary's determination that appellee's "Gerontological Treatment Center" was not a "Special Care Unit" within the meaning of 42 C.F.R. § 405.452(d)(10) as it appeared in fiscal year 1975, see 37 Fed.Reg. 10354 (1972). Because the Secretary's interpretation of this Medicare...

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