RICHLANDS MEDICAL ASS'N v. HARRIS

No. 80-1393.

651 F.2d 931 (1981)

RICHLANDS MEDICAL ASSOCIATION, d/b/a Mattie Williams Hospital, Appellant, v. Patricia R. HARRIS, Secretary of the Department of Health, Education and Welfare; Blue Cross Association; Blue Cross of Southwestern Virginia, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 18, 1981.


Attorney(s) appearing for the Case

Thomas G. Shufflebarger, Richlands, Va. (Shufflebarger & McNease, Richlands, Va., on brief), and Wade W. Massie, Abingdon, Va. (Penn, Stuart, Eskridge & Jones, Abingdon, Va., on brief), for appellant.

Lynne D. Miller, Asst. Regional Atty., Philadelphia, Pa. (Stephanie W. Naidoff, Regional Atty., Dept. of HEW, Philadelphia, Pa., Faye S. Ehrenstamm, Asst. U. S. Atty., Roanoke, Va., on brief), for appellees.

Before WINTER, RUSSELL and PHILLIPS, Circuit Judges.


WINTER, Circuit Judge:

At issue in this appeal is the amount for which an association providing health care in a hospital that it rents may properly be reimbursed under the Medicare Act, 42 U.S.C. §§ 1395 et seq., for rent which it pays to the lessors. For the fiscal year 1975, the Secretary of Health and Human Services disallowed reimbursement for the actual rent of $93,440 and allowed only $18,617, representing what the Secretary found to be the...

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