CENTRAL DuPAGE HOSP. v. HECKLER

Nos. 83-3255, 83-3259.

761 F.2d 354 (1985)

CENTRAL DuPAGE HOSPITAL, et al., Plaintiffs-Appellees, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-Appellant. JOHNSON COUNTY MEMORIAL HOSPITAL, et al., Plaintiffs-Appellees, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 25, 1985.

As Amended on Denial of Rehearing and Rehearing July 1, 1985.


Attorney(s) appearing for the Case

Marlene R. Abrams, Reg. Atty., Chicago, Ill., Henry Goldberg, Dept. of Health & Human Services, Washington, D.C., for defendant-appellant.

Dennis M. Barry, Wood, Lucksinger & Epstein, Washington, D.C., William S. Hall, Hall, Render & Killian, Indianapolis, Ind., for plaintiffs-appellees.

Before CUMMINGS, Chief Judge, ESCHBACH, Circuit Judge, and SWYGERT, Senior Circuit Judge.


As Amended on Denial of Rehearing and Rehearing En Banc July 1, 1985.

ESCHBACH, Circuit Judge.

In these consolidated appeals the Secretary of Health and Human Services seeks reversal of district court decisions disapproving her policy of counting patients who are in the labor/delivery area of a hospital at the census hour of midnight as having received a full day of routine care for purposes of calculating Medicare's share of the hospital's costs of routine...

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