FRENCH HOSP. MEDICAL CENTER v. SHALALA

No. 94-15366.

89 F.3d 1411 (1996)

FRENCH HOSPITAL MEDICAL CENTER, a California nonprofit corporation, Plaintiff-Appellant, v. Donna E. SHALALA, in her official capacity as Secretary of the United States Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 9, 1996.


Attorney(s) appearing for the Case

James M. Gaynor, Jr., McDermott Will & Emery, Chicago, Illinois; Kathleen Houston Drummy, McDermott Will & Emery, Los Angeles, California, for plaintiff-appellant.

Gerard Keating and Charles Bailey, Office of the General Counsel, United States Department of Health and Human Services, Washington, D.C., for defendant-appellee.

Before: HALL, KOZINSKI and HAWKINS, Circuit Judges.


Opinion by Judge HAWKINS; Concurrence by Judge KOZINSKI.

OPINION

MICHAEL DALY HAWKINS, Circuit Judge:

This appeal requires us to decide whether a health care provider may seek administrative review of a Medicare cost limit formula, where the provider first challenged that formula in its revised notice of Medicare reimbursement, but had not challenged that same formula in its original notice of reimbursement. We hold that the cost limit formula is...

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