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ADAMS HOUSE HEALTH CARE v. BOWEN

Nos. 85-1512, 86-1872.

862 F.2d 1371 (1988)

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. Otis R. BOWEN, 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.

December 7, 1988.

Attorney(s) appearing for the Case

Mary U. Salhus, Henry R. Goldberg, Jerry Bassett, Office of Gen. Counsel, Dept. of Health and Human Services, Washington, D.C., for defendant-appellant.

Robert J. Aamoth and Eugene Tillman, Pierson, Ball & Dowd, Washington, D.C., Rodney Johnson, Office of Vice President and Gen. Counsel, Stanford University, Stanford, Cal., for plaintiffs-appellees.

Before NORRIS, BEEZER and BRUNETTI, Circuit Judges.

ON REMAND FROM THE UNITED STATES SUPREME COURT

BEEZER, Circuit Judge:

The parties present a 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...

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