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DOCTORS HOSP., INC. OF PLANTATION v. BOWEN

Nos. 85-5963, 86-3026, 86-5021 and 86-5087.

811 F.2d 1448 (1987)

DOCTORS HOSPITAL, INC. OF PLANTATION, a Florida not for profit corporation, Plaintiff-Appellee, v. Otis R. BOWEN, in his official capacity as Secretary of the United States Department of Health and Human Services, Defendant-Appellant. MEDICAL CENTER HOSPITAL, Plaintiff-Appellee, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellant. NORTH BROWARD HOSPITAL DISTRICT, a Special Tax District of the State of Florida, d/b/a North Broward General Medical Center, and Imperial Point Medical Center, Plaintiffs-Appellees, v. Otis R. BOWEN, in his official capacity as Secretary of the U.S. Department of Health and Human Services, Defendant-Appellant. SOUTHEASTERN PALM BEACH COUNTY HOSPITAL DISTRICT, Plaintiff-Appellee, v. Otis R. BOWEN, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 9, 1987.

Attorney(s) appearing for the Case

Leon B. Kellner, U.S. Atty., Linda Collins-Hertz, Asst. U.S. Atty., Miami, Fla., Alfred R. Mollin, U.S. Dept. of Justice, Civil Div., Appellate Staff, Gerard Keating, Dept. of Health & Human Services, Office of the General Counsel, Washington, D.C., for Otis R. Bowen.

Richard C. Klugh, Jr., Michael W. Ford, Mershon, Sawyer, Johnston, Dunwody & Cole, Miami, Fla., for Doctors Hosp., Inc. of Plantation and Southeastern Palm Beach County Hosp. Dist.

Carel T. Hedlund, Leonard C. Homer, Ober, Kales, Grimes & Shriver, Baltimore, Md., for Medical Center Hosp.

Jennifer Scott, Michael W. Ford, Mershon, Sawyer, Johnston, Dunwody & Cole, Miami, Fla., for North Broward Hosp. Dist.

Before KRAVITCH and HATCHETT, Circuit Judges, and MORGAN, Senior Circuit Judge.

HATCHETT, Circuit Judge:

The Secretary of Health and Human Services (the Secretary) appeals the district courts' rulings allowing hospitals to obtain administrative review of their reimbursement rates for Medicare services because such rate determinations constitute final decisions within the meaning of the Medicare statute. We affirm.

Background

In 1965, Congress enacted the Medicare statute which provides a system of health insurance for the aged...

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