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TUCSON MEDICAL CENTER v. SULLIVAN

No. 90-5360.

947 F.2d 971 (1991)

TUCSON MEDICAL CENTER, et al., Appellants, v. Louis W. SULLIVAN, M.D., Secretary, Department of Health and Human Services, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided October 25, 1991.

Attorney(s) appearing for the Case

Ronald N. Sutter, with whom, Barbara S. Woodall, Washington, D.C., was on the brief, for appellants.

Marcus H. Christ, Atty., Dept. of Health and Human Services, Washington, D.C., for appellee.

Stuart Gerson, Asst. Atty. Gen., Dept. of Justice, Jay B. Stephens, U.S. Atty., Dept. of Justice, and Lawrence M. Meister, Atty., Dept. of Health and Human Services, Washington, D.C., were on the brief, for appellee.

Henry R. Goldberg, Washington, D.C., also entered an appearance, for appellee.

Before WALD, D.H. GINSBURG and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

Under Medicare, a hospital that provides services to eligible patients is entitled to reimbursement under Title XVIII of the Social Security Act, 42 U.S.C. §§ 1395-1395ccc (1988). This case is the latest in a series of disputes growing out of the decision of the Secretary of Health and Human Services (the "Secretary") to change the way hospitals are reimbursed for inpatient medical...

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