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HADLEY MEMORIAL HOSPITAL, INC. v. SCHWEIKER

No. 80-1806.

689 F.2d 905 (1982)

HADLEY MEMORIAL HOSPITAL, INC., d/b/a Hadley Regional Medical Center; American Hospital Association; Federation of American Hospitals; Catholic Health Association of the United States; California Hospital Association; Colorado Hospital Association; Connecticut Hospital Association; Florida Hospital Association; Greater Houston Hospital Council; Greater New York Hospital Association; Hospital Association of New York State; Idaho Hospital Association; Illinois Hospital Association; Indiana Hospital Association; Kansas Hospital Association; Kentucky Hospital Association; Ohio Hospital Association; Tennessee Hospital Association; Texas Hospital Association; Vermont Hospital Association and Virginia Hospital Association, Plaintiffs-Appellants, v. Richard S. SCHWEIKER, Secretary of the Department of Health and Human Services; Leonard D. Shaffer, Administrator of the Health Care Financing Administration — United States Department of Health and Human Services; the Department of Health and Human Services and Robert C. Harder, Secretary of Social and Rehabilitative Services, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 13, 1982.

Attorney(s) appearing for the Case

Robert A. Klein, Weissburg & Aronson, Inc., Los Angeles, Cal. (Ronald N. Sutter, Washington, D. C., was on the brief), for plaintiffs-appellants.

Anthony J. Steinmeyer, Atty., Appellate Staff, Civ. Div., Dept. of Justice, Washington, D. C. (Alfred Mollin, Dept. of Justice, J. Paul McGrath, Asst. Atty. Gen., and Thomas S. Martin, Acting Asst. Atty. Gen., Washington, D. C., James P. Buchele and Jim J. Marquez, U. S. Attys., Topeka, Kan., Samuel D. Turner, Deputy Gen. Counsel, Juan A. del Real, Acting Gen. Counsel, Robert P. Jaye, Deputy Asst. Gen. Counsel, Leslie L. Clune, Atty., Dept. of Health and Human Services, Washington, D. C., were also on the brief), for defendants-appellees Schweiker, Schaffer and The Dept. of Health and Human Services.

Donald A. Frigon, Legal Div., Kan. Dept. of Social and Rehabilitation Services, Topeka, Kan. (Charles V. Hamm, Topeka, Kan., was on the brief), for defendant-appellee Harder.

Before SETH, Chief Judge, HOLLOWAY, Circuit Judge, and KERR, District Judge.

HOLLOWAY, Circuit Judge.

This is an appeal from a judgment dismissing plaintiffs'-appellants' action for lack of subject matter jurisdiction. The action was brought by Hadley Regional Medical Center and twenty associations representing over 6,000 hospitals to challenge the validity of the "Malpractice Rule," a regulatory formula promulgated June 1, 1979, for reimbursement of malpractice costs.1 The attack on the malpractice rule is made...

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