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MEMORIAL REHAB. HOSP. v. SHHS

No. 93-55206.

65 F.3d 134 (1995)

MEMORIAL REHABILITATION HOSPITAL OF SANTA BARBARA, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 30, 1995.

Attorney(s) appearing for the Case

Stephen M. Rummage, Davis, Wright and Tremaine, Seattle, WA, for plaintiff-appellant.

Michael R. Power and Judith A. Waltz, Department of Health and Human Services, San Francisco, CA, for defendant-appellee.

Before: LAY, BRUNETTI and RYMER, Circuit Judges.

LAY, Senior Circuit Judge:

Memorial Rehabilitation Hospital of Santa Barbara ("Memorial") challenges the conclusion of the Secretary of Health and Human Services ("the Secretary") that it does not qualify as a "new hospital," exempt from ceilings on hospital rates by regulations enacted under the Tax Equity and Fiscal Responsibility Act of 1982 ("TEFRA"), 42 U.S.C. § 1395. The district court granted summary judgment upholding the decision of the Secretary, and...

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