CEDARS-SINAI MEDICAL CENTER v. SHALALA

Nos. 96-55358, 96-55892.

125 F.3d 765 (1997)

CEDARS-SINAI MEDICAL CENTER; University of California San Francisco Medical Center; University of California Los Angeles Medical Center; University of California San Diego Medical Center; Adventist Health System/Sunbelt, Inc., d/b/a Florida Hospital Medical Center; Galen of Arizona, Inc., D/B/A Healthwest Regional Medical Center; Holy Cross Hospital; Johns Hopkins Hospital; et al., Plaintiffs-Appellees, v. Donna E. SHALALA, Secretary, Defendant, v. QUI TAM RELATOR, Defendant-Appellant. CEDARS-SINAI MEDICAL CENTER; University of California San Francisco Medical Center; University of California Los Angeles Medical Center; University of California San Diego Medical Center; Adventist Health System/Sunbelt, Inc., dba Florida Hospital Medical Center; Allegheny General Hospital; Galen Of Arizona, Inc., dba Healthwest Regional Medical Center; Holy Cross Hospital; Johns Hopkins Hospital; Loma Linda University Medical Center Hospital; Medlantic Healthcare Group, Inc., a not-for-profit corporation dba Washington Hospital Center; Miami Beach Healthcare Group, Ltd., dba Miami Heart Institute; Monte-Fiore Medical Center; Mount Sinai Hospital; Society Of The New York Hospital; Northwestern Memorial Hospital; Presbyterian University Hospital; St. Francis Hospital; Saint Joseph'S Hospital of Atlanta, Inc.; St. Luke's Medical Center; St. Thomas Hospital; Sinai Samaritan Medical Center; West Florida Regional Medical Center, Inc., dba West Florida Regional Medical Center; University of Maryland Medical System Corporation; Yale-New Haven Hospital, Inc.; Regents of the University of California, a constitutional corporation under Article 9, Section 9 of the California Constitution, by and on behalf of the University of California San Francisco Medical Center, the University of California Los Angeles Medical Center, the University of California San Diego Medical Center, Plaintiffs-Appellees, and Scripps Health Systems, dba Scripps Memorial Hospital-La Jolla, dba Green Hospital of Scripps Clinic; Qui Tam Relator, Intervenors, v. Donna E. SHALALA, Secretary, of the United States Department of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 10, 1997.


Attorney(s) appearing for the Case

Christine N. Kohl, Assistant United States Attorney, Department of Justice, Washington, DC, for the defendant-appellant.

Donald R. Warren, Monaghan & Warren, San Diego, CA, for the defendant-appellant.

Harry R. Silver, Carol M. McCarthy and Leonard C. Homer, Ober, Kaler, Grimes & Shriver, Baltimore, MD, for the plaintiffs-appellees.

Before BROWNING and SCHROEDER, Circuit Judges, and RESTANI, U.S. Court of International Trade Judge.


SCHROEDER, Circuit Judge.

The Secretary of Health and Human Services appeals the district court's summary judgment in favor of Cedars-Sinai Medical Center and twenty-four other hospitals ("the Hospitals") in the Hospitals' declaratory judgment action challenging a 1986 Health Care Financing Administration ("HCFA") policy. The challenged policy provides that Medicare will not cover investigational medical devices that have not been approved for marketing by the Food...

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