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WASHINGTON HOSP. CENTER v. BOWEN

Nos. 85-5906, 85-5907, 85-5908, 85-5909 and 85-5910.

795 F.2d 139 (1986)

WASHINGTON HOSPITAL CENTER, et al. v. Otis R. BOWEN, Secretary, Health and Human Services, Appellant. CAPITOL HILL HOSPITAL, et al. v. Otis R. BOWEN, Secretary, Health and Human Services, Appellant. GEORGETOWN UNIVERSITY HOSPITAL, et al. v. Otis R. BOWEN, Secretary, Health and Human Services, Appellant. DISTRICT OF COLUMBIA GENERAL HOSPITAL, et al. v. Otis R. BOWEN, Secretary, Health and Human Services, Appellant. TUCSON MEDICAL CENTER v. Otis R. BOWEN, Secretary, Health and Human Services, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 8, 1986.

Attorney(s) appearing for the Case

Ronald N. Sutter, Washington, D.C., for appellees in Nos. 85-5906 through 85-5910.

Edward R. Cohen, Atty., Dept. of Justice, with whom Richard K. Willard, Asst. Atty. Gen., Dept. of Justice, Joseph E. diGenova, U.S. Atty. and Anthony J. Steinmeyer, Atty., Dept. of Justice, Washington, D.C., were on brief, for appellant in Nos. 85-5906 through 85-5910. Royce C. Lamberth, R. Craig Lawrence, Asst. U.S. Attys., and Alfred Mollin, Atty., Dept. of Justice, Washington, D.C., also entered appearances, for appellant.

Before WALD, Circuit Judge, and WRIGHT and McGOWAN, Senior Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

In 1983 Congress radically altered the Medicare payment scheme to create a Prospective Payment System ("PPS"). At that time, new language was added to 42 U.S.C. § 1395oo (a), the statutory provision creating a Provider Reimbursement Review Board ("PRRB") to resolve disputes over payment amounts. In Health Care Financing Administration Ruling ("HCFAR") 84-1, however, the Secretary...

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