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HEALTH CARE REVIEW INC. v. SHALALA

C.A. 95-529ML.

926 F.Supp. 274 (1996)

HEALTH CARE REVIEW INC. v. Donna E. SHALALA, Secretary of Health and Human Services, and Bruce C. Vladeck, Administrator of Health Care Financing Administration, and Barbara J. Gagel, Director of Health Standards and Quality Bureau, Health Care Financing Administration, and Brian Hebbel, Contracting Officer, Health Standards and Quality Bureau, Health Care Financing Administration.

United States District Court, D. Rhode Island.

May 17, 1996.

Attorney(s) appearing for the Case

Stephen D. Zubiago, Marc A. Crisafulli, Edwards & Angell, Providence, RI, Jerrol A. Crouter, Deirdre Smith, Drummond Woodsum & MacMahon, Portland, ME, for Plaintiff.

Robin Feder, United States Attorney's Office, Providence, RI, for Defendant.

MEMORANDUM AND ORDER

LISI, District Judge.

This matter is before the court on defendants' motion to dismiss for lack of subject matter jurisdiction or, alternatively, for summary judgment. For the reasons stated, the motion to dismiss for lack of subject matter jurisdiction is granted.

Background

The Medicare program, as established by 42 U.S.C. § 1395 et seq., compensates health care professionals and organizations for...

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