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HCA HEALTH SERVICES OF MIDWEST, INC. v. BOWEN

No. 88-5601.

869 F.2d 1179 (1989)

HCA HEALTH SERVICES OF MIDWEST, INC., dba Doctors Hospital and Chicago Lakeshore Hospital; Health Services Acquisition Corporation, as successor to Sacramento Community Hospital, Inc., dba Community Hospital of Sacramento; Health Services Acquisition Corporation, dba Community of Gardena St. Augustine General Hospital, Encino Hospitals and Costa Mesa Hospital; Health Services Acquisition Corporation, as successor to Centre City Hospital Inc., dba Centre City Hospital et al., Plaintiffs-Appellants, v. Otis R. BOWEN, M.D., Secretary of Health & Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Memorandum January 23, 1989.

Opinion March 13, 1989.

Attorney(s) appearing for the Case

Robert A. Klein, Anita D. Lee, Weissburg & Aronson, Inc., Los Angeles, Cal., for plaintiffs-appellants.

John R. Bolton, Asst. Atty. Gen., Civ. Div., Anthony J. Steinmeyer, Asst. Branch Director, Appellate Staff, Civ. Div., and (on the brief), Dina R. Lassow, Trial Atty., Federal Programs Branch, Civ. Div., Merril Hirsh, U.S. Dept. of Justice, Trial Atty., Federal Programs Branch, Civ. Div., Washington, D.C., for defendant-appellee.

Before WALLACE, CANBY, and TROTT, Circuit Judges.

CANBY, Circuit Judge:

Appellants are acute care hospitals that provide services to Medicare patients. The hospitals are seeking to overturn the decision of the Secretary of Health and Human Services, the agency in charge of administering the Medicare program, refusing reimbursement for certain claimed costs for the years 1980 and 1981. During these years the Medicare Act mandated that hospitals and other Part A providers (such as extended care facilities, and home...

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