FOOTHILL PRESBYTERIAN HOSP. v. SHALALA

No. 97-55335.

152 F.3d 1132 (1998)

FOOTHILL PRESBYTERIAN HOSPITAL, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary, 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 August 13, 1998.


Attorney(s) appearing for the Case

James M. Gaynor, Jr., McDermott, Will and Emery, Chicago, Illinois, Thomas J. Weiss, Seyfarth, Shaw, Fairweather & Geraldson, Los Angeles, California, for plaintiff-appellant.

Jeffrey G. Micklos, United States Department of Health and Human Services, Baltimore, Maryland, Gerard Keating, United States Department of Health and Human Services, Washington, DC, for defendant-appellee.

Before: FLETCHER, D.W. NELSON and SILVERMAN, Circuit Judges.


SILVERMAN, Circuit Judge:

At issue in this case is Foothill Presbyterian Hospital's reimbursement from Medicare for inpatient hospital services for fiscal year 1983. The Hospital argues that the district court erred in holding that its 1992 request for an exception to its 1983 target rate limit under 42 U.S.C. § 1395ww(b)(4)(A) and 42 C.F.R. § 413.40(e) was untimely. Although the Hospital's target rate limit was revised in the second revised notice of program...

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