BETH ISRAEL HOSP. v. HECKLER

No. 83-1884.

734 F.2d 90 (1984)

BETH ISRAEL HOSPITAL, Plaintiff, Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided May 18, 1984.


Attorney(s) appearing for the Case

Michael K. Loucks, Boston, Mass., with whom Jeffrey L. Heidt, and Choate, Hall & Stewart, Boston, Mass., were on brief for plaintiff, appellant.

Patti B. Saris, Asst. U.S. Atty., Boston, Mass., with whom William F. Weld, U.S. Atty., Boston, Mass., was on brief, for defendant, appellee.

Before CAMPBELL, Chief Judge, BOWNES, Circuit Judge, and HUNTER, Senior District Judge.


BOWNES, Circuit Judge.

In this appeal, Beth Israel Hospital (Hospital) challenges a portion of the accounting procedures the Secretary of Health and Human Services has directed hospitals to utilize in computing their Medicare cost reimbursement. The Hospital contends that the Secretary's implementation of her interpretive approach to the governing regulations has resulted in an illegal subsidization of the Medicare program by non-Medicare payors, see 42 C.F...

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