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EAST JEFFERSON GENERAL HOSP. v. HECKLER

Civ. A. No. 83-4107.

617 F.Supp. 115 (1984)

EAST JEFFERSON GENERAL HOSPITAL, et al. v. Margaret M. HECKLER, et al.

United States District Court, E.D. Louisiana.

October 19, 1984.

Attorney(s) appearing for the Case

Steven Witman, Johnston & Duplass, New Orleans, La., and Ronald N. Sutter, Powers, Pyles, Sutter & O'Hare, Washington, D.C., for plaintiffs.

Eneid A. Francis, Asst. U.S. Atty., New Orleans, La., and Jeanne Schulte Scott, Office of General Counsel, Dept. of Health & Human Services, Washington, D.C., for defendants.

MEMORANDUM OPINION

ROBERT F. COLLINS, District Judge.

Plaintiffs in this action are a group of hospitals who are "providers of services" to Medicare patients, as defined in 42 U.S.C. § 1395x(u). They challenge the validity of the "Malpractice Rule," 42 C.F.R. § 405.452(b)(1)(ii), a recently adopted regulation which changes the formula by which provider hospitals are reimbursed for medical malpractice...

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