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ADMINISTRATORS OF TULANE EDUC. FUND v. SHALALA

Nos. 92-5281 to 92-5285.

987 F.2d 790 (1993)

ADMINISTRATORS OF the TULANE EDUCATIONAL FUND, d/b/a Tulane Medical Center Hospital and Clinic, Appellee, v. Donna E. SHALALA, Secretary, Department of Health and Human Services, Appellant. METHODIST HOSPITALS OF MEMPHIS, Appellee, v. Donna E. SHALALA, Secretary, Department of Health and Human Services, Appellant. GEORGE WASHINGTON UNIVERSITY HOSPITAL, Appellee, v. Donna E. SHALALA, Secretary, Department of Health and Human Services, Appellant. LUCY WEBB HAYES NATIONAL TRAINING SCHOOL FOR DEACONESSES AND MISSIONARIES, a Corporation, Appellee, v. Donna E. SHALALA, Secretary, Department of Health and Human Services, Appellant. GREATER SOUTHEAST COMMUNITY HOSPITAL; Fairfax Hospital, Appellees, v. Donna E. SHALALA, Secretary, Department of Health and Human Services, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 9, 1993.

Attorney(s) appearing for the Case

Neil H. Koslowe, Atty., Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty., and Barbara C. Biddle, Asst. Director of Appellate Staff, Civ. Div., Dept. of Justice, Washington, DC, were on the brief, for appellant.

Ronald N. Sutter, Washington, DC, for appellees.

Before WALD, RUTH BADER GINSBURG and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

The Department of Health and Human Services ("HHS" or "agency") appeals the district court's decision invalidating the agency's 1989 regulations implementing a new statutory methodology, enacted by Congress in 1986, for reimbursing teaching hospitals for the graduate medical education ("GME") costs attributable to Medicare services. Under the statute, HHS is to determine, for fiscal year...

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