BD. OF TR. OF KNOX CTY. (IND.) HOSP. v. SULLIVAN

No. 91-2265.

965 F.2d 558 (1992)

BOARD OF TRUSTEES OF KNOX COUNTY (INDIANA) HOSPITAL, d/b/a Good Samaritan Hospital, Plaintiff-Appellant, v. Louis W. SULLIVAN, in his capacity as Secretary of the Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 25, 1992.

As Amended on Denial of Rehearing July 14, 1992.


Attorney(s) appearing for the Case

N. Kent Smith (argued), William S. Hall, William H. Thompson, Hall, Render, Killian, Heath & Lyman, Indianapolis, Ind., for plaintiff-appellant.

Deborah J. Daniels, U.S. Atty., Winfield D. Ong, Office of the U.S. Atty., Indianapolis, Ind., Stuart M. Gerson, Office of the U.S. Atty. Gen., Washington, D.C., Anthony J. Steinmeyer, Joseph W. Lobue, Anne L. Weismann, Steve Frank, Lowell Sturgill (argued), Dept. of Justice, Civil Div., Appellate Section, Washington, D.C., for defendant-appellee.

Before CUMMINGS, CUDAHY, and POSNER, Circuit Judges.


CUMMINGS, Circuit Judge.

Knox County Hospital seeks review of the Secretary's denial of the Hospital's Medicare reimbursement adjustment for fiscal year 1984. The Hospital claims that it should have been classified as a rural referral center in 1984 under 42 U.S.C. § 1395ww(d)(5)(C), and is therefore entitled to a higher reimbursement rate for its treatment of Medicare patients in that year.1 Conceding that it does not meet the regulatory...

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