MEMORANDUM OPINION
TURK, Chief Judge.
This action arises under Title XVIII of the Social Security Act, 42 U.S.C. § 1395-1395xx, commonly known as the Medicare statute. The plaintiff hospitals continue their challenge to the validity of a regulation promulgated by the Department of Health & Human Services ("HHS") in 1979 governing reimbursement to hospitals for costs of malpractice insurance incurred rendering services to Medicare patients. On December...
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