BORGESS MEDICAL CENTER v. SCHWEIKER

No. K81-74 CA.

563 F.Supp. 370 (1982)

BORGESS MEDICAL CENTER; Holland Community Hospital Authority; Pennock Hospital, Plaintiffs, v. Richard S. SCHWEIKER, as Secretary of Health and Human Services; Provider Reimbursement Review Board, Defendants.

United States District Court, W.D. Michigan, S.D.

December 8, 1982.


Attorney(s) appearing for the Case

Chris Rossman, Margaret Shannon, Honigman, Miller, Schwartz & Cohn, Detroit, Mich., for plaintiffs.

Jeanne Schulte Scott, Dept. of Health & Human Services, Washington, D.C., for defendants.


OPINION

BENJAMIN F. GIBSON, District Judge.

This case involves an attempt by three non-profit hospitals to receive Medicare reimbursement for the cost of equity capital. Regulations provide for such reimbursement to proprietary providers, but not to non-profit providers. Presently before the Court are two motions. Defendants have filed a motion to dismiss for lack of subject matter jurisdiction, which they now wish to have considered as an alternative motion...

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