BURLINGTON MEMORIAL HOSP. v. BOWEN

No. 86-C-35-C.

644 F.Supp. 1020 (1986)

BURLINGTON MEMORIAL HOSPITAL, Door County Memorial Hospital, Elmbrook Memorial Hospital, Family Hospital, Milwaukee, Memorial Hospital at Oconomowoc, Sacred Heart — St. Mary's Hospitals, Inc., Rhinelander, St. Clare Hospital, Monroe, St. Elizabeth Hospital, Appleton, St. Joseph's Hospital, Marshfield, St. Joseph's Hospital, Milwaukee, St. Luke's Hospital, Milwaukee, St. Mary's Hospital Medical Center, Green Bay, St. Mary's Medical Center, Racine, St. Michael's Hospital, Milwaukee, St. Michael's Hospital, Stevens Point, Trinity Memorial Hospital, Cudahy, Two Rivers Community Hospital, Plaintiffs, v. Otis BOWEN, Secretary of the United States Department of Health and Human Services, and Wisconsin Peer Review Organization, Inc., Defendants.

United States District Court, W.D. Wisconsin.

October 2, 1986.


Attorney(s) appearing for the Case

Robert A. Wilmot, Daniel Miller, and Ronald Mohorek, Purtell, Purcell, Wilmot & Burroughs, S.C., Milwaukee, Wis., for plaintiffs.

Rebecca A. Erhardt, Boardman, Suhr, Curry & Field, Madison, Wis., for Wis. Peer Review Organization.

David Sarnacki, Asst. U.S. Atty., Madison, Wis., for Otis Bowen.


ORDER

CRABB, Chief Judge.

This is a civil action for declaratory and injunctive relief in which the plaintiff hospitals are challenging the authority of the defendant Secretary of Health and Human Services to enforce a regulation requiring the plaintiffs to incur without reimbursement certain administrative costs of peer review of their treatment of Medicare patients. Jurisdiction is present under 28 U.S.C. § 1331.

The regulation at issue is...

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