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RYBICKI v. HARTLEY

No. 85-1519.

792 F.2d 260 (1986)

Ben P. RYBICKI, et al., Plaintiffs, Appellees, v. John Robert HARTLEY, et al., Defendants, Appellees. Elliot Hospital, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 4, 1986.

Attorney(s) appearing for the Case

Stephen E. Weyl with whom Elizabeth T. Luster and Sheehan, Phinney, Bass & Green, Professional Association, Manchester, were on brief, for defendant, appellant Elliot Hosp.

James E. Townsend with whom David R. Connell and Larson & Townsend, P.A., Londonderry, were on brief, for plaintiffs, appellees Ben P. Rybicki and Zita Rybicki.

Before BOWNES, BREYER and TORRUELLA, Circuit Judges.

BREYER, Circuit Judge.

This appeal asks us to interpret a statute that, in essence, forbids a hospital from charging Medicare patients anything over and above what Medicare will pay the hospital. In particular, that statute says that "participating providers" of Medicare services, such as the appellant Elliot Hospital, must agree:

not to charge ... [the Medicare subscriber] ... for items or services for which such individual is entitled to have payments made...

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