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EPISCOPAL HOSP. v. SHALALA

Nos. 92-5033, 92-5034.

994 F.2d 879 (1993)

EPISCOPAL HOSPITAL, et al., Appellants, v. Donna E. SHALALA, Secretary, Health and Human Services.

United States Court of Appeals, District of Columbia Circuit.

Decided June 18, 1993.

Attorney(s) appearing for the Case

Mark H. Gallant, Philadelphia, PA, argued the cause for appellants.

Linda A. Ruiz, Atty., Dept. of Health and Human Services, Washington, DC, argued the cause for appellee. With her on the briefs were Stuart M. Gerson, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty. at the time the brief was filed, and John D. Bates, Asst. U.S. Atty. R. Craig Lawrence, Asst. U.S. Atty., Washington, DC, also entered an appearance for appellee.

Before EDWARDS, SENTELLE, and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

This is an appeal from a District Court judgment upholding the validity of regulations issued by the Secretary of Health and Human Services (the "Secretary") under 42 U.S.C. § 1395ww(d) (1988), which sets forth the methodology for calculating hospitals' Medicare cost reimbursement under the Prospective Payment System ("PPS"). Appellants argue that the Secretary's PPS regulations...

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