MONMOUTH MEDICAL CENTER v. HARRIS

No. 80-2138.

646 F.2d 74 (1981)

MONMOUTH MEDICAL CENTER, a Non-Profit Corporation of the State of New Jersey, Individually as provider of services under the Medicare (Title XVIII) Provisions of the Social Security Act, 42 U.S.C. § 1395 et seq. and on Behalf of Beneficiaries, Irene McLaughlin, Florence Colmorgen, Isabelle Eyre, Francis Kelly, Donald Swenson, Michael McNamara, Sue Hennessy, Andrew Kettles, Edward G. Martin, Ellen Mason, Gladys Monahan, James Matthews, Stephen Budd, Dora Einbinder, Grace Curtis, Florence Gaffey, Lillian Van Nest and Jerry Shampinear v. Patricia Roberts HARRIS, in her capacity as Secretary of Health, Education and Welfare. PT. PLEASANT HOSPITAL, a Non-Profit Corporation of the State of New Jersey, Individually as provider of services under the Medicare (Title XVIII) Provisions of the Social Security Act, 42 U.S.C. § 1395 et seq. and on Behalf of Beneficiaries, Jeanette Darmstadt, Blondine Dattilo and Bertha Litzebauer v. Patricia Roberts HARRIS, in her capacity as Secretary of Health, Education and Welfare. MONMOUTH MEDICAL CENTER, a Non-Profit Corporation of the State of New Jersey, Individually as provider of services under the Medicare (Title XVIII) Provisions of the Social Security Act, and on Behalf of Beneficiaries, Eleanor Blue, Florence Collins and Fred Slocum v. Patricia Roberts HARRIS, in her capacity as Secretary of Health, Education and Welfare. POINT PLEASANT HOSPITAL, a Non-Profit Corporation of the State of New Jersey, Individually as provider of services under the Medicare (Title XVIII) Provisions of the Social Security Act, 42 U.S.C. § 1395 et seq. and on Behalf of Beneficiary, Bronislava Skiba v. Patricia Roberts HARRIS, in her capacity as Secretary of Health, Education and Welfare. MONMOUTH MEDICAL CENTER, a Non-Profit Corporation of the State of New Jersey, Individually as provider of services under the Medicare (Title XVIII) Provisions of the Social Security Act, 42 U.S.C. § 1395 et seq. and on Behalf of Beneficiary, Mattie Bond v. Patricia Roberts HARRIS, in her capacity as Secretary of Health, Education and Welfare. Appeal of MONMOUTH MEDICAL CENTER, Point Pleasant Hospital, Irene McLaughlin, Florence Colmorgen, Isabelle Eyre, Francis Kelly, Donald Swenson, Michael McNamara, Sue Hennessy, Andrew Kettles, Edward G. Martin, Ellen Mason, Gladys Monahan, James Matthews, Stephen Budd, Dora Einbinder, Grace Curtis, Florence Gaffey, Lillian Van Nest and Jerry Shampinear, Mattie Bond, Eleanor Blue, Florence Collins, Fred Slocum, Jeannette Darmstadt, Blondine Dattilo, Bertha Litzebauer, Bronislava Skiba.

United States Court of Appeals, Third Circuit.

Decided April 1, 1981.


Attorney(s) appearing for the Case

Giordano, Halleran & Crahay, Frank R. Ciesla (argued), Middletown, N. J., for appellants; Sam Maybruch, Middletown, N. J., on the brief.

James H. Stewart, Jr., Nauman, Smith, Shissler & Hall, Harrisburg, Pa., for Presbyterian-University Medical Center of Pennsylvania, amicus curiae.

William W. Robertson, U. S. Atty., Newark, N. J., Anne C. Singer (argued), Asst. U. S. Atty., Newark, N. J., for appellee; Barbara Strauss, New York City, Tamar K. Klein, Brooklyn, N. Y., Asst. Regional Attys., Dept. of Health & Human Services, of counsel.

Before ADAMS, ROSENN and HUNTER, Circuit Judges.


OPINION OF THE COURT

ADAMS, Circuit Judge.

Recently, the health care situation in New Jersey has been marked by a dearth of nursing home beds available for indigent patients.1 As a consequence, hospitals have often been compelled to retain patients who no longer need the acute level of care that hospitals ordinarily administer, until space in an appropriate lesser-care facility can be found.2 Monmouth...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases