FAIRVIEW DEACONESS HOSP. v. HECKLER

No. 84-5014MN.

749 F.2d 1256 (1984)

FAIRVIEW DEACONESS HOSPITAL, et al., Plaintiffs/Appellants, v. Margaret M. HECKLER, Secretary, Department of Health and Human Services, Defendant/Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 10, 1984.


Attorney(s) appearing for the Case

Patric Hooper, Los Angeles, Cal., for plaintiffs/appellants.

Laurence Gilbert, Chicago, Ill., for defendant/appellee.

Before ARNOLD and FAGG, Circuit Judges, and DUMBAULD, Senior District Judge.


DUMBAULD, Senior District Judge.

This case presents an interesting question of accommodating two statutory provisions which point in opposite directions. The issue involved is whether Medicare is obliged to pay for telephones in patients' rooms in hospitals. Appellants (six hospitals) point to 42 U.S.C. § 1395x(b)(2), which authorizes payment for "such use of hospital facilities, and such medical social services as are ordinarily furnished by the hospital for...

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