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NEW BRITAIN GEN. HOSP. v. BOWEN

Civ. A. No. 88-2804.

702 F.Supp. 288 (1988)

NEW BRITAIN GENERAL HOSPITAL HOME HEALTH AGENCY, et al., Plaintiffs, v. Otis R. BOWEN, M.D., Secretary of the United States Department of Health and Human Services, et al., Defendants.

United States District Court, District of Columbia.

December 7, 1988.

Attorney(s) appearing for the Case

Barbara Elaine Straub, James C. Pyles, Powers, Pyles & Sutter, Washington, D.C., for plaintiffs.

Robin D. Ball, Asst. U.S. Atty., U.S. Dept. of Justice, Washington, D.C., for defendants.

Sean Connelly, Brand & Lowell, William A. Dombi, Washington, D.C., for defendant amicus curiae Nat. Ass'n for Home Care.

MEMORANDUM ORDER

JOHN H. PRATT, District Judge.

This action involves a challenge to regulations promulgated by the Secretary of Health and Human Services ("the Secretary") at 42 C.F.R. § 421.117, 53 Fed.Reg. 17,936 (May 19, 1988). These regulations require that the processing of reimbursements under the Medicare Act for hospital-based home health agencies ("HHAs") be transferred from the "intermediary" of each HHA to one of ten regional intermediaries...

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