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COM. HOSP. OF ROANOKE V. v. HEALTH & H. SERV.

Nos. 84-1709(L), 84-2005.

770 F.2d 1257 (1985)

COMMUNITY HOSPITAL OF ROANOKE VALLEY; Giles Memorial Hospital; Johnston Memorial Hospital; King's Daughters' Hospital; Lonesome Pine Hospital; Martha Jefferson Hospital; Memorial Hospital; Roanoke Memorial Hospital; Smyth County Community Hospital; Twin County Community Hospital; Waynesboro Community Hospital; and Wythe County Community Hospital, Appellees, v. HEALTH AND HUMAN SERVICES, Appellant. CULPEPER MEMORIAL HOSPITAL, INC.; DePaul Hospital; Fairfax Hospital; Loudoun Memorial Hospital; Mary Washington Hospital, Inc.; Medical College of Virginia; Petersburg General Hospital; Portsmouth General Hospital; St. Mary's Hospital; Winchester Memorial Hospital, Appellants, v. Margaret M. HECKLER, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 26, 1985.

Attorney(s) appearing for the Case

Sanford V. Teplitzky, Baltimore, Md. (James B. Wieland, Ober, Kaler, Grimes & Shriver, Baltimore, Md., John William Crews, Martin A. Donlan, Jr., Crews, Hancock & Dunn, Richmond, Va., on brief), for appellants.

Javier A. Arrastia, Asst. Regional Atty., Philadelphia, Pa. (Beverly Dennis, III, Regional Atty., Dept. of Health and Human Services, Philadelphia, Pa., John P. Alderman, U.S. Atty., Roanoke, Va., Karen B. Peters, Asst. U.S. Atty., Elsie L. Munsell, U.S. Atty., Alexandria, Va., G. Wingate Grant, Asst. U.S. Atty., Richmond, Va., on brief), for appellees.

Before RUSSELL, HALL and ERVIN, Circuit Judges.

ERVIN, Circuit Judge.

This appeal concerns the validity of Medicare accounting practices governing hospital labor/delivery room services. The plaintiff hospitals seek reimbursement from the Department of Health and Human Services for services provided to Medicare beneficiaries, and challenge the agency's reimbursement practices. In filing their requests for reimbursement with the agency, some of the hospitals complied with the Secretary's labor/delivery room accounting...

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