NATIONAL MEDICAL ENTERPRISES v. BOWEN

No. 87-5605.

851 F.2d 291 (1988)

NATIONAL MEDICAL ENTERPRISES, et al., Plaintiffs-Appellees, v. Otis R. BOWEN, M.D., Secretary of Department of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 11, 1988.


Attorney(s) appearing for the Case

Robert K. Rasmussen, Dept. of Justice, Washington, D.C., for defendant-appellant.

Patric Hooper, Hooper, Lundy & Bookman, Inc., Los Angeles, Cal., for plaintiffs-appellees.

Before ALARCON, NELSON and REINHARDT, Circuit Judges.


REINHARDT, Circuit Judge:

Under the Medicare Act, 42 U.S.C. § 1395 et seq., hospitals are reimbursed for the reasonable costs of the services they provide for medicare patients. Until recently, for-profit hospitals received return on equity capital as part of the calculation of their reasonable costs under the Act. This case involves a dispute over how the return-on-equity payments should be calculated.

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