KIDNEY CENTER OF HOLLYWOOD v. SHALALA

No. 96-5074.

133 F.3d 78 (1998)

The KIDNEY CENTER OF HOLLYWOOD, et al., Appellants, v. Donna E. SHALALA, Secretary, United States Department of Health and Human Services, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided January 20, 1998.


Attorney(s) appearing for the Case

Eugene A. Massey, Washington, DC, argued the cause for appellant, with whom Richard J. Webber was on the briefs.

Janice L. Hoffman, Attorney, U.S. Department of Health & Human Services, Baltimore, MD, argued the cause for appellee, with whom Frank W. Hunger, Assistant Attorney General, U.S. Department of Justice, Eric H. Holder, Jr., U.S. Attorney at the time the brief was filed, Harriet S. Rabb, General Counsel, U.S. Department of Health & Human Services, Robert P. Jaye, Acting Associate General Counsel, Henry R. Goldberg, Deputy Associate General Counsel, Washington, DC, and Thomas W. Coons, Attorney, Baltimore, MD, were on the brief.

Before: WALD, WILLIAMS, and GINSBURG, Circuit Judges.


Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

The ten appellants in this case provide outpatient kidney dialysis services to patients who are suffering from end-stage renal disease, or ESRD. They dispute the amount of money to which they are entitled from the Secretary of Health and Human Services as reimbursement for medical services rendered under the Medicare program. Specifically, the appellants challenge (1) the Secretary...

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