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CHARTER MEDICAL CORP. v. HECKLER

Civ. A. No. 84-473-2-MAC.

604 F.Supp. 638 (1985)

CHARTER MEDICAL CORP., Beltway Community Hospital, Inc., Charter Surburban Hospital, Inc., Charter Surburban Hospital of Mesquite, Inc., Middle Georgia Hospital, Inc., Plaintiffs, v. Margaret M. HECKLER, Secretary of Health & Human Services and Carolyne K. Davis, Administrator of the Health Care Financing Administration, Defendants.

United States District Court, M.D. Georgia, Macon Division.

March 22, 1985.

Attorney(s) appearing for the Case

F. Kennedy Hall, Macon, Ga., Glen A. Reed, Richard Shackelford, Atlanta, Ga., for plaintiffs.

Frank L. Butler, III, Macon, Ga., Susan Lee, DHHS, Atlanta, Ga., for defendants.

AMENDED ORDER

OWENS, Chief Judge.

Plaintiffs filed a motion for summary judgment and a motion for expedited review. A hearing was held on the motions on March 8, 1985.

Plaintiffs challenge the validity of 42 C.F.R. § 405.452(a)(1)(ii) (1984), which is known as the Malpractice Rule. The Rule governs the reimbursement of malpractice insurance premiums to hospitals treating Medicare patients. This issue...

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