MT. DIABLO HOSP. v. SULLIVAN

Nos. 90-15772, 90-15857.

963 F.2d 1175 (1992)

MT. DIABLO HOSPITAL, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee. MEMORIAL HOSPITALS ASSOCIATION, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 28, 1992.


Attorney(s) appearing for the Case

William Uhle, Thummel & Uhle, John R. Faust, Jr., Mildred J. Carmack, Schwabe, Williamson & Wyatt, Portland, Or., for plaintiffs-appellants.

Charles H. Turner, U.S. Atty., Dist. Or., Jennifer J. Martin, Special Asst. U.S. Atty., Portland, Or., for defendant-appellee.

Patric Hooper of Hooper, Lundy & Bookman, Inc., Los Angeles, Cal., for Mt. Diablo Hosp. Medical Center.

Anita D. Lee, Weissburg and Aronson, Inc., Los Angeles, Cal., for Memorial Hospitals Ass'n.

John P. Schnitker, U.S. Dept. of Justice, Washington, D.C., for appellee Louis W. Sullivan, M.D.

Before: D.W. NELSON, HALL, and FERNANDEZ, Circuit Judges.


PER CURIAM:

Mt. Diablo and Memorial Hospitals appeal from the district courts' grants of appellee Secretary of Health and Human Services Louis Sullivan's ("Secretary") motions for summary judgment. We consider whether the district courts erred in concluding (1) that the Secretary's methods for determining routine cost limits for Medicare reimbursement are not arbitrary and capricious and (2) that the providers were not entitled to retroactive corrective adjustments...

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