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HOME HEALTH CARE, INC. v. HECKLER

Nos. 82-2060, 82-2129.

717 F.2d 587 (1983)

HOME HEALTH CARE, INC., Appellant/Cross-Appellee, v. Margaret HECKLER, Secretary of Health & Human Services, Appellee/Cross Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 30, 1983.

Attorney(s) appearing for the Case

Charles B. Wayne, with whom Jerome Nelson, Washington, D.C., was on brief, for Home Health Care, Inc.

Sarah Willis Wilcox, Senior Coordinating Atty., Dept. of Health & Human Services, Washington, D.C., of the bar of the D.C. Court of Appeals, pro hac vice, by special leave of court, with whom Juan A. Del Real, Gen. Counsel, Dept. of Health & Human Services, Washington, D.C., was on brief, for Secretary of Health & Human Services.

Before TAMM and SCALIA, Circuit Judges, and CHARLES R. RICHEY, United States District Judge for the District of Columbia.

Opinion for the court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

The Secretary of Health and Human Services found Home Health Care's (HHC) leased car costs in providing Medicare services excessive and denied HHC full reimbursement. The district court held that this disallowance interfered with the provision of medical services in violation of 42 U.S.C. § 1395. We reverse the district court's holding and remand the case with the instruction that...

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