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BAPTIST HOSP. v. SECRETARY OF H.H.S.

No. 85-5473.

802 F.2d 860 (1986)

BAPTIST HOSPITAL EAST, et al., Plaintiffs-Appellants, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 6, 1986.

Attorney(s) appearing for the Case

Gaylee W. Gillim, Rice, Porter and Seiller, Louisville, Ky., Carson P. Porter (argued), for plaintiffs-appellants.

Ronald E. Meredith, U.S. Atty., Louisville, Ky., Mark A. Guza (argued), Asst. Regional Atty., Dept. of H.H.S., Atlanta, Ga., for defendant-appellee.

Before ENGEL and MILBURN, Circuit Judges and CONTIE, Senior Circuit Judge.

ENGEL, Circuit Judge.

Appellants, five non-profit hospitals, are all providers of health care services under the Medicare program who, during the relevant period, provided some free health care to non-Medicare patients. These services were accounted for by the hospitals as either bad debts, charity or courtesy allowances.1 The hospitals now seek reimbursement from the Medicare program for a portion of these services. They appeal a decision...

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