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COSGROVE v. BOWEN

No. 15, Docket 89-6040.

898 F.2d 332 (1990)

Mary COSGROVE and John Shepsky, individually and on behalf of all others similarly situated, and Rose Singer, individually and as administratrix of the estate of Emil Singer, and on behalf of all others similarly situated, Plaintiffs-Appellees, v. Otis R. BOWEN, Secretary of the Department of Health and Human Services, and Carolyn K. Davis, Administrator of the Health Care Finance Administration, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided March 14, 1990.

Attorney(s) appearing for the Case

Whitney N. Seymour, Jr., New York City (Brown & Seymour, Richard L. Revesz, Craig A. Landy, of counsel), for plaintiffs-appellees.

Craig A. Stewart, Asst. U.S. Atty., S.D. N.Y. (Benito Romano, U.S. Atty., S.D.N.Y., Richard W. Mark, Asst. U.S. Atty., S.D. N.Y., Lorraine Novinski, Asst. Regional Counsel, U.S. Dept. of Health and Human Services, Region II, of counsel), for defendants-appellants.

Before OAKES, Chief Judge, KEARSE and ALTIMARI, Circuit Judges.

ALTIMARI, Circuit Judge:

In this case, we consider the method for calculating reimbursement under Medicare Part B for services performed by certain physicians between July 1, 1984 and April 30, 1986. The disputed method of calculation applied to services performed by physicians who had been salaried hospital employees, but who had left the hospital's employ and converted to direct fee-for-service billing on or after November...

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