WILMOT PSYCHIATRIC/MEDICENTER TUCSON v. SHALALA

No. 92-55602.

11 F.3d 1505 (1993)

WILMOT PSYCHIATRIC/MEDICENTER TUCSON; Dominguez Valley Hospital; Ojai Community Hospital; Manteca Hospital, Plaintiffs-Appellants, v. Donna E. SHALALA, Secretary of the Department of Health & Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 16, 1993.


Attorney(s) appearing for the Case

Patric Hooper, Hooper, Lundy & Bookman, Los Angeles, CA, for plaintiffs-appellants.

George H. Wu, Asst. U.S. Atty., Los Angeles, CA, Jerry J. Bassett, Asst. Regional Counsel, Dept. of Health and Human Services, San Francisco, CA, for defendant-appellee.

Before: REINHARDT, T.G. NELSON, Circuit Judges, and KAUFMAN, District Judge.


T.G. NELSON, Circuit Judge:

OVERVIEW

This case arises from the Secretary of Health and Human Services' ("Secretary") decision not to reimburse Wilmot Psychiatric/Medicenter and several other hospitals ("hospitals") under Part C of the Medicare program. Title XVIII of the Social Security Act, 42 U.S.C. § 1395x(v)(1)(A), for the cost of complimentary meals provided by the hospitals to attending physicians, who have staff privileges at the hospitals...

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