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HOMEMAKERS NORTH SHORE, INC. v. BOWEN

No. 87-1389.

832 F.2d 408 (1987)

HOMEMAKERS NORTH SHORE, INC., Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 22, 1987.

Attorney(s) appearing for the Case

Sanford V. Teplitzky, Ober, Kaler, Grimes & Shriver, Baltimore, Md., for plaintiff-appellant.

Richard A. Urbin, Asst. Regional Counsel, Chicago, Ill., for defendant-appellee.

Before CUMMINGS, COFFEY and EASTERBROOK, Circuit Judges.

EASTERBROOK, Circuit Judge.

Providers of medical services under the Medicare program, 42 U.S.C. § 1395, et seq., usually receive reimbursement for the "customary charge" for the services, not to exceed the "reasonable cost" of providing them, as the Secretary of Health and Human Services reckons "cost", 42 U.S.C. § 1395f(b), § 1395x(v)(1)(A). Nursing services usually are reimbursed at a fixed price per service...

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