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ST. FRANCIS HOSP. v. BOWEN

No. 85-2285.

802 F.2d 697 (1986)

ST. FRANCIS HOSPITAL, Appellee, v. Otis R. BOWEN in his official capacity as Secretary of the United States Department of Health and Human Services, Appellant. Greenville Hospital System, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided October 1, 1986.

Attorney(s) appearing for the Case

Alfred Mollin, Atty., Civil Div., Appellate Staff, Dept. of Justice (Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C., David A. Faber, U.S. Atty., Charleston, W. Va., John F. Cordes, Atty., on brief), Richard E. Robertson, Gen. Counsel, Ann T. Hunsaker, Asst. Gen. Counsel, David R. Smith, Atty. Dept. of Health and Human Services Washington, D.C., for appellant.

Michael W. Ford (Mershon, Sawyer, Johnston, Dunwody & Cole, Richard C. Klugh, Jr., Jennifer L. Scott, Miami, Fla., on brief), for appellee.

Leonard C. Homer, Carel T. Hedlund, Ober, Kaler, Grimes & Shriver, Baltimore, Md., on brief, for amicus curiae Greenville Hosp. System.

Before RUSSELL and ERVIN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

ERVIN, Circuit Judge:

The Secretary of Health and Human Services ("Secretary") appeals from a district court order invalidating Health Care Financing Administration Ruling ("HCFAR") 84-1, 49 Fed.Reg. 22,413 (1984), and awarding additional Medicare funds to plaintiff, St. Francis Hospital ("Hospital"). Under HCFAR 84-1, hospitals receiving Medicare payments under the new Prospective Payment System ("PPS") are required to wait until a year ends and the Notice of Program...

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