CATHOLIC MED. v. NEW HAMPSHIRE-VERMONT HOSP. SER.

No. 82-1808.

707 F.2d 7 (1983)

CATHOLIC MEDICAL CENTER, Plaintiff, Appellant, v. NEW HAMPSHIRE-VERMONT HOSPITALIZATION SERVICE, INC., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided May 4, 1983.


Attorney(s) appearing for the Case

Stephen E. Weyl, Manchester, N.H., with whom Daniel N. Gregoire, and Sheehan, Phinney, Bass & Green Prof. Ass'n, Manchester, N.H., were on brief, for plaintiff, appellant.

Patricia S. Hofstra, Richard N. Peterson, Leonard C. Homer, and Ober, Grimes & Shriver, Baltimore, Md., on brief for the American Hosp. Ass'n, amicus curiae.

Jaclyn C. Taner, Office of the General Counsel, Dept. of Health and Human Services, Washington, D.C., with whom Juan A. Del Real, General Counsel, and Ann T. Hunsaker, Asst. General Counsel, Dept. of Health and Human Services, Washington, D.C., were on brief, for defendants, appellees.

Before COFFIN, Chief Judge, BREYER, Circuit Judge, and MALETZ, Senior Judge.


MALETZ, Senior Judge.

The question presented is whether the cost of providing free medical care to indigents under the Hill-Burton Act, 42 U.S.C. §§ 291 et seq. (1976), is reimbursable as a proper Medicare indirect cost. To date, four courts of appeals have answered this question in the negative. Iredell Memorial Hospital, Inc. v. Schweiker, 699 F.2d 196 (4th Cir.1983); St. Mary of Nazareth Hospital Center...

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