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SIERRA MEDICAL CENTER v. SULLIVAN

No. 89-1806.

902 F.2d 388 (1990)

SIERRA MEDICAL CENTER, Plaintiff-Appellee, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 5, 1990.

Attorney(s) appearing for the Case

Ira C. Lupu, Appellate Staff, Civil Div., Dept. of Justice, Anthony J. Steinmeyer, Washington D.C., Helen M. Eversberg, U.S. Atty., El Paso, Tex., for defendant-appellant.

Patric Hooper, Hooper, Lundy & Bookman, Inc., Los Angeles, Cal., for plaintiff-appellee.

Before GOLDBERG, REAVLEY and HIGGINBOTHAM, Circuit Judges.

GOLDBERG, Circuit Judge:

Statement of Facts

In 1976, Sierra Medical Center (Sierra) agreed to care for Medicare patients and, in return, the Department of Health and Human Services (HHS) agreed to reimburse Sierra. See 42 U.S.C. Section 1395 et seq. Sierra accepted its first Medicare patient February 10, 1976 (its first day open for business). Before reimbursing Sierra, HHS required Sierra to designate a "cost reporting period." A cost...

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