JOHNSON COUNTY MEMORIAL HOSP. v. SCHWEIKER

No. 82-1213.

698 F.2d 1347 (1983)

JOHNSON COUNTY MEMORIAL HOSPITAL, et al., Plaintiffs-Appellees, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 1, 1983.


Attorney(s) appearing for the Case

Katherine S. Gruenbeck, Dept. of Justice, Washington, D.C., for defendant-appellant.

Rex P. Killian, Hall, Render & Killian, Indianapolis, Ind., for plaintiffs-appellees.

Before BAUER and COFFEY, Circuit Judges, and WISDOM, Senior Circuit Judge.


COFFEY, Circuit Judge.

This is an appeal from the decision of the district court granting the plaintiffs' motion for summary judgment while denying the defendant's like motion on the grounds that the costs incurred by the plaintiffs in providing a percentage of free care to indigent persons in fulfillment of the hospitals' obligations under the Hill-Burton Act did not constitute "charity allowances" and thus were reimbursable expenses under the Medicare program. Reverse...

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