FLAUM, Circuit Judge.
In these consolidated appeals, the Secretary of the Department of Health and Human Services (the "Secretary") seeks reversal of two district court decisions invalidating a regulation promulgated in 1979 under Title XVIII of the Social Security Act, 42 U.S.C. §§ 1395 et seq. (1982) (the "Medicare Act"). The regulation at issue prescribes a new formula for reimbursing Medicare health care providers for malpractice insurance premiums...
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