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METHODIST HOSP. OF SACRAMENTO v. SHALALA

No. 93-5148.

38 F.3d 1225 (1994)

METHODIST HOSPITAL OF SACRAMENTO, et al., Appellants, v. Donna E. SHALALA, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided November 25, 1994.

Attorney(s) appearing for the Case

Cary M. Adams argued the cause and filed the briefs, Sacramento, CA, for appellants.

John P. Schnitker, Atty., U.S. Dept. of Justice, argued the cause, Washington, DC, for appellee. With him on the brief were Frank W. Hunger, Asst. Atty. Gen., Eric H. Holder, Jr., U.S. Atty., Anthony J. Steinmeyer, Atty., U.S. Dept. of Justice, Washington, DC, and Lawrence J. Harder, Baltimore, MD, and Gerard Keating, Counsel, U.S. Dept. of Health and Human Services, Washington, DC.

Before SILBERMAN, SENTELLE, and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

This appeal challenges a policy that denies retroactive effect to a revised wage index used in determining Medicare reimbursement rates under the Prospective Payment System. In August 1984, the Secretary of Health and Human Services corrected an erroneous regional wage index for the Sacramento area, but refused to apply the new index retroactively to January 1984. Appellants, a group...

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