JEWISH HOSP. v. SECRETARY OF HEALTH & HUMAN SERV.

No. 92-5688.

19 F.3d 270 (1994)

JEWISH HOSPITAL, INC., Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 18, 1994.

Rehearing and Suggestion for Rehearing Denied May 16, 1994.


Attorney(s) appearing for the Case

R. Thomas Carter (argued and briefed), Edward L. Schoenbaechler, Jan M. West (briefed), Goldberg & Simpson, Louisville, KY, for plaintiff-appellant.

James H. Barr, Asst. U.S. Atty., Office of the U.S. Atty., Louisville, KY, Donald F. Dickey, David V. Peery (argued and briefed), Dept. of Health and Human Services, Baltimore, MD, for defendant-appellee.

Donna J. Haggarty, Sanford E. Pitler (briefed), Carol S. Gown, Bennett & Bigelow, Seattle, WA, for Baptist Hosp. (Nashville, Tennessee), amicus curiae, Baptist Hosp. (Nashville, Tennessee), Baptist Hospital (Tipton), amicus curiae, Blount Memorial Hosp., amicus curiae, Bristol Regional Medical Center, amicus curiae, Erlanger Medical Center, Inc., amicus curiae, Fort Sanders, Fort Sanders Regional Medical Center, amicus curiae, George W. Hubbard Hosp., amicus curiae, Jackson-Madison County Gen. Hosp., amicus curiae, Johnson City Medical Center, amicus curiae, Regional Medical Center at Memphis, amicus curiae, St. Mary's Medical Center, amicus curiae, University of Tennessee Memorial Hosp. at Knoxville, amicus curiae and Vanderbilt Medical Center, amicus curiae.

Before: KEITH and BATCHELDER, Circuit Judges, and TAYLOR, District Judge.


Rehearing and Suggestion for Rehearing En Banc Denied May 16, 1994.*

KEITH, Circuit Judge.

Plaintiff, Jewish Hospital, Inc. ("Jewish Hospital"), appeals the adverse summary judgment ruling of the district court involving the interpretation of a Medicare reimbursement provision. Congress requires the Secretary of Health and Human Services (the "Secretary") to adjust Medicare Prospective...

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