SAINT MARY, ETC. v. DEPT. OF HEALTH & HUMAN SERV.

Civ. A. No. 81 C 2750.

531 F.Supp. 419 (1982)

SAINT MARY OF NAZARETH HOSPITAL CENTER, Plaintiff, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Richard S. Schweiker, Secretary, Provider Reimbursement Review Board, Thomas M. Tierney, Chairman, Carolyn B. Lewis, Bette A. Kraus, H. Joseph Curl and James Houdek, Jr., Board Members, Defendants.

United States District Court, N. D. Illinois, E. D.

January 14, 1982.


Attorney(s) appearing for the Case

James E. McParland, Morgan, Lanoff, Denniston & Madigan, Ltd., Chicago, Ill., for plaintiff.

Dan K. Webb, U. S. Atty., Chicago, Ill., for defendants.


MEMORANDUM OPINION AND ORDER

McGARR, District Judge.

Plaintiff Saint Mary of Nazareth Hospital Center ("Hospital") is a provider of medical services as defined in the medicare provisions of the Social Security Act, and is therefore entitled to reimbursement for the reasonable costs of providing necessary health care services to medicare beneficiaries. 42 U.S.C. § 1395 et seq. (1976). The amount of reimbursement is calculated by a "fiscal intermediary...

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