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LA CASA DEL CONVALECIENTE v. SULLIVAN

No. 91-1827.

965 F.2d 1175 (1992)

LA CASA DEL CONVALECIENTE, et al., Plaintiffs, Appellants, v. Louis SULLIVAN, Secretary of U.S. Department of Health and Human Services, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided May 22, 1992.

Attorney(s) appearing for the Case

Eduardo Morales Coll, for plaintiffs-appellants.

Robert Wanerman, Asst. Regional Counsel, with whom Annette H. Blum, Chief Counsel, U.S. Dept. of Health and Human Services, Fidel A. Sevillano, Asst. U.S. Atty., and Daniel F. Lopez-Romo, U.S. Atty., were on brief, for defendant-appellee Health and Human Services.

Before SELYA, Circuit Judge, ALDRICH and BOWNES, Senior Circuit Judges.

BOWNES, Senior Circuit Judge.

This appeal stems from the implementation by appellee, the Secretary of Health and Human Services ("Secretary"), of a new reimbursement system to suppliers of durable medical equipment ("DME") pursuant to the Omnibus Budget Reconciliation Act of 1987, 101 Stat. 1330 (1987) (codified as amended at 42 U.S.C. § 1395m) ("OBRA 87"). Appellants1 are suppliers of DME located in Puerto Rico. Because the material...

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