HUMANA, INC. v. HECKLER

Nos. 82-1986, 82-1987, 82-1989, 82-1994 and 82-1995.

758 F.2d 696 (1985)

HUMANA, INC., et al., Appellants, v. Margaret M. HECKLER, Secretary, Department of Health and Human Services. (Four Cases) HUMANA OF SOUTH CAROLINA, INC., doing business as Coleman-Aimar Hospital, a corporation, Appellant, v. Margaret M. HECKLER, Secretary, Department of Health and Human Services.

United States Court of Appeals, District of Columbia Circuit.

Decided April 2, 1985.

As Amended April 26, 1985.


Attorney(s) appearing for the Case

Lee Calligaro, Washington, D.C., with whom Thomas H. Brock, Washington, D.C., was on the brief, for appellants.

David B. Palmer, Atty. Dept. of Health and Human Services, Washington, D.C., of the Bar of the District of Columbia Court of Appeals, pro hac vice, by special leave of Court, with whom Juan A. del Real, Gen. Counsel and Lynne K. Zusman, Deputy Gen. Counsel, Dept. of Health and Human Services, and Henry R. Goldberg, Atty. Dept. of Health and Human Services, Washington, D.C., were on the brief for appellee.

Stanley S. Harris, U.S. Atty., Washington, D.C., at the time the brief was filed, Royce C. Lambert, R. Craig Lawrence and Nathan Dodell, Asst. U.S. Attys., Washington, D.C., entered appearances for appellee.

Before WALD and SCALIA, Circuit Judges, and BAZELON, Senior Circuit Judge.


Opinion for the Court PER CURIAM.

PER CURIAM:

Petitioners Humana, Inc. and sixty-four of its subsidiary acute care proprietary hospitals appeal from a district court decision limiting reimbursement under the Medicare Act, Title XVIII of the Social Security Act.1 Humana argues that reimbursement should be calculated by means of a formula based on all of the costs it actually incurred in providing services to Medicare beneficiaries...

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