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COUNTY OF SAN DIEGO v. BOWEN

Civ. No. 86-0262-E(I).

631 F.Supp. 947 (1986)

COUNTY OF SAN DIEGO, a political subdivision of the State of California; and Richard J. Thompson, Conservator of the Persons of Joseph M. and Norman H., Conservatees, Plaintiffs, v. Otis BOWEN, M.D., Secretary of the United States Department of Health and Human Services; Richard P. Kusserow, Inspector General of the Department of Health and Human Services; and James F. Patton, Defendants.

United States District Court, S.D. California.

March 4, 1986.

Attorney(s) appearing for the Case

Lloyd M. Harmon, Jr., County Counsel, San Diego County, Daniel J. Wallace, Chief Deputy by Phillip L. Kossy, Deputy, Thomas E. Montgomery, Deputy, for plaintiffs.

Peter K. Nunez, U.S. Atty., John J. Robinson, Asst. U.S. Atty., for defendants.

MEMORANDUM DECISION

ENRIGHT, District Judge.

BACKGROUND

The San Diego County Mental Health Facility at Hillcrest ("CMH") is a licensed 92 bed acute psychiatric hospital for adults. CMH has been in operation since 1965. This is the first time that the facility has been sanctioned by the Medicare program; the state has never sanctioned the facility.

As a Medicare hospital, CMH receives reimbursement for treating many of its patients. However...

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