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GEORGETOWN UNIVERSITY HOSP. v. BOWEN

Nos. 86-5381 to 86-5383.

821 F.2d 750 (1987)

GEORGETOWN UNIVERSITY HOSPITAL, et al. v. Otis R. BOWEN, Secretary of Health and Human Services, Appellant. HOWARD UNIVERSITY, as Howard University Hospital, et al. v. Otis R. BOWEN, Secretary of Health and Human Services, Appellant. TUCSON GENERAL HOSPITAL v. Otis R. BOWEN, Secretary of Health and Human Services, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 26, 1987.

Rehearing Denied September 1, 1987.

Attorney(s) appearing for the Case

Mark W. Pennak, Atty., Dept. of Justice, with whom Richard K. Willard, Asst. Atty. Gen., Joseph E. diGenova, U.S. Atty. and John F. Cordes, Atty., Dept. of Justice, Washington, D.C., were on brief, for appellant.

Ronald N. Sutter, Washington, D.C., for appellees.

Before EDWARDS and STARR, Circuit Judges, and SWYGERT, Senior Circuit Judge, United States Court of Appeals for the Seventh Circuit.

Opinion for the Court filed by Circuit Judge EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

In 1979, the Secretary of the Department of Health, Education and Welfare,1 acting pursuant to section 223(b) of the Social Security Amendments of 1972,2 promulgated a number of "cost limit" rules applicable to providers of routine inpatient hospital Medicare services. See 44 Fed.Reg. 31,806 (1979). The rules...

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