LEGACY EMANUEL HOSP. AND HEALTH CENTER v. SHALALA

No. 95-35622.

97 F.3d 1261 (1996)

LEGACY EMANUEL HOSPITAL AND HEALTH CENTER; Legacy Emanuel Hospital and Health Center d/b/a Holladay Park Medical Center; Oregon Health Sciences University Hospital and Clinics; Portland Adventist Medical Center; Rogue Valley Medical Center; Sisters of St. Joseph of Peace Health and Hospital Services d/b/a Sacred Heart General Hospital; and Salem Hospital, Plaintiffs-Appellees, v. Donna E. SHALALA, Secretary, Department of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 9, 1996.


Attorney(s) appearing for the Case

Scott R. McIntosh, Department of Justice, Washington, D.C., for appellant.

Sanford E. Pitler, Bennett & Bigelow, Seattle, Washington and Charles S. Gauger, Portland, Oregon, for appellees.

Before: PREGERSON, BOOCHEVER, and T.G. NELSON, Circuit Judges.


PREGERSON, Circuit Judge:

The Secretary of Health and Human Services ("Secretary"), appeals the district court's summary judgment in favor of plaintiff hospitals. The district court overturned the Secretary's interpretation of a Medicare reimbursement provision, deciding that Congress intended to count all days spent in hospitals by low-income patients, whether or not paid by Medicaid, in reimbursing increased costs to hospitals serving a disproportionately high number...

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