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ADAMS HOUSE HEALTH CARE v. HECKLER

Nos. 85-1512, 86-1872.

817 F.2d 587 (1987)

ADAMS HOUSE HEALTH CARE, Adrian-Hillhaven Convalescent Center; Alta Vista Healthcare; Alvarado Convalescent and Rehabilitation Hospital; Anaheim-Hillhaven Convalescent; Andrew House Health Care; Asheville-Hillhaven Rehabilitation and Convalescent Center; Bancroft House Health Care; Beverly West Convalescent Hospital; Birchwood Terrace Health Care; Birmingham-Hillhaven Convalescent Center; Blueberry Hill Health Care; Boca Raton Convalescent Center, et al., Plaintiffs-Appellees, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellant, BOARD OF TRUSTEES OF the LELAND STANFORD JUNIOR UNIVERSITY; Stanford University Hospital, Plaintiffs-Appellees, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 18, 1987.

Attorney(s) appearing for the Case

Robert J. Aamoth, Washington, D.C., for plaintiffs-appellees in No. 85-1512.

Sarah Willis Wilcox, Washington, D.C., for defendant-appellant in No. 85-1512.

Rodney Johnson and Edmundo J. Moran, Stanford, Cal., for plaintiffs-appellees in No. 86-1872.

Jerry Bassett, San Francisco, Cal., for defendant-appellant in No. 86-1872.

Before NORRIS, BEEZER and BRUNETTI, Circuit Judges.

BEEZER, Circuit Judge:

The parties present an unsettled question of statutory construction: may a Medicare provider claim certain costs in a proceeding before the Provider Reimbursement Review Board when the provider included but failed to claim such costs in its annual Medicare cost report? In these consolidated cases, the Board held it had no power to consider reimbursement items not expressly claimed by the providers in their cost reports. The district court remanded...

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