ST. MARY OF NAZARETH HOSP. CENTER v. HECKLER

Nos. 84-5510 to 84-5523, 84-5641, 84-5647 and 84-5714.

760 F.2d 1311 (1985)

ST. MARY OF NAZARETH HOSPITAL CENTER, et al. v. Margaret M. HECKLER, Secretary of Health & Human Services, Appellant. MOUNT ZION HOSPITAL AND MEDICAL CENTER v. Margaret M. HECKLER, Secretary of Health & Human Services, Appellant. WASHINGTON TOWNSHIP HOSPITAL DISTRICT, d/b/a Washington Hospital v. Margaret M. HECKLER, Secretary of Health & Human Services, Appellant. POMONA VALLEY COMMUNITY HOSPITAL v. Margaret M. HECKLER, Secretary of Health & Human Services, Appellant. PROVIDENCE-ST. MARGARET HEALTH CENTER v. Margaret M. HECKLER, Secretary of Health & Human Services, Appellant. PROVIDENCE HOSPITAL, et al. v. Margaret M. HECKLER, Secretary of Health & Human Services, Appellant. APPALACHIAN REGIONAL HOSPITALS, INC. v. Margaret M. HECKLER, Secretary of Health & Human Services, Appellant. RESEARCH MEDICAL CENTER v. Margaret M. HECKLER, Secretary of Health & Human Services, Appellant. DALLAS/FORT WORTH HOSPITAL COUNCIL v. Margaret M. HECKLER, Secretary of Health & Human Services, Appellant. WOODS MEMORIAL HOSPITAL DISTRICT, et al. v. Margaret M. HECKLER, Secretary of Health & Human Services, Appellant. DEKALB COUNTY HOSPITAL AUTHORITY v. Margaret M. HECKLER, Secretary of Health & Human Services, Appellant. CITIZENS GENERAL HOSPITAL, et al. v. Margaret M. HECKLER, Secretary of Health & Human Services, Appellant. AURORA COMMUNITY HOSPITAL, et al. v. Margaret M. HECKLER, Secretary of Health & Human Services, Appellant. WASHINGTON HOSPITAL CENTER CORPORATION v. Margaret M. HECKLER, Secretary of Health & Human Services, Appellant. METHODIST HOSPITAL, et al. v. Margaret M. HECKLER, Secretary of Health & Human Services, Appellant. MARSHALLTOWN AREA COMMUNITY HOSPITAL, et al. v. Margaret M. HECKLER, Secretary of Health & Human Services, Appellant. SISTERS OF CHARITY HOSPITAL v. Margaret M. HECKLER, Secretary of Health & Human Services, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 30, 1985.

As Amended June 5, 1985.


Attorney(s) appearing for the Case

Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C., with whom Joseph E. diGenova, U.S. Atty., Henry R. Goldberg, Atty., Health and Human Services, Juan A. del Real, Gen. Counsel, Health and Human Services, Washington, D.C., were on the brief for appellant in 84-5510, et al.

Dennis M. Barry and Michael H. Cook, Washington, D.C., were on the brief for appellees St. Mary of Nazareth Hospital Center, et al., in 84-5510, Mt. Zion Hosp. and Medical Center in 84-5511, Washington Hosp. in 84-5512, Providence-St. Margaret Health Center in 84-5514, Research Medical Center in 84-5517, Citizens General Hosp., et al., in 84-5521, and Methodist Hosp., et al., in 84-5641.

Bruce R. Gilbert, Los Angeles, Cal., was on the brief for appellee Pomona Valley Community Hosp. in 84-5513.

Ronald N. Sutter, Washington, D.C., was on the brief for appellee Providence Hosp., et al., in 84-5515.

Joe W. Fleming, II, Washington, D.C., was on the brief for appellee Appalachian Regional Hospitals, Inc. in 84-5516.

John E. Nolan, Jr. and Seth Goldberg, Washington, D.C., were on the brief for appellee Dallas/Fort Worth Hosp. Council in 84-5518.

Robert A. Klein and Patric Hooper, Los Angeles, Cal., were on the brief for appellee Woods Memorial Hosp. Dist., et al., in 84-5519.

Robert E. Litan and Paul W. Kahn, Washington, D.C., were on the brief for appellee Dekalb County Hosp. Authority in 84-5520.

Myra C. Selby, Indianapolis, Ind., was on the brief for appellees Aurora Community Hosp., et al., in 84-5522, and Marshalltown Area Community Hosp., et al., in 84-5647.

George E. Hart, Washington, D.C., was on the brief for appellee Washington Hosp. Center Corporation in 84-5523.

Sanford V. Teplitzky, Baltimore, Md., was on the brief for appellee Sisters of Charity Hosp. in 84-5714.

Before WRIGHT and GINSBURG, Circuit Judges and McGOWAN, Senior Circuit Judge.


Opinion for the Court filed by Senior Circuit Judge McGOWAN.

McGOWAN, Senior Circuit Judge:

This appeal involves the proper place of labor/delivery services in Medicare's reimbursement scheme. More particularly, we must decide whether the District Court properly interpreted our remand in St. Mary of Nazareth Hospital Center v. Schweiker, 718 F.2d 459 (1983) (St. Mary's I). We affirm the District Court's order...

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