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MEDICAL FUND-PHILADELPHIA GERIATRIC CENTER v. HECKLER

No. 86-1024.

804 F.2d 33 (1986)

MEDICAL FUND-PHILADELPHIA GERIATRIC CENTER, Appellant, v. HECKLER, Margaret M., Secretary of Health and Human Services.

United States Court of Appeals, Third Circuit.

Decided October 24, 1986.

Rehearing Denied November 24, 1986.

Attorney(s) appearing for the Case

Bayard M. Graf (argued), Kohn, Savett, Marion & Graf, P.C., Philadelphia, Pa., for appellant.

Beverly Dennis, III, Chief Counsel, Region III, James C. Newman, Supervisory Asst., Regional Counsel, James S. Feight, Jr. (argued), Asst. Regional Counsel, Dept. of Health and Human Services, Edward S.G. Dennis, Jr., U.S. Atty., Serena H. Dobson, Asst. U.S. Atty., James G. Sheehan, Chief, Civil Div., Asst. U.S. Atty., E.D.Pa., Philadelphia, Pa., for appellee.

Before BECKER, MANSMANN, Circuit Judges, and TEITELBAUM, District Judge.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

The plaintiff, an association of physicians, seeks judicial review of the decision of the Secretary of Health and Human Services ("HHS") to recoup alleged overpayments for medical services provided to Medicare Part B enrollees by members of the plaintiff association. The Secretary asserts that the services were provided in a non-certified nursing facility and thus should have been classified and reimbursed as...

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