Rehearing and Rehearing En Banc Denied November 30, 1999.
Opinion for the Court filed by Circuit Judge WALD.
WALD, Circuit Judge:
Brought by the owners of Medicare-provider hospitals ("Hospitals") and the Secretary of Health and Human Services ("Secretary"), these cross-appeals present two issues. First, under the Medicare statute, must the Secretary provide hospitals with retroactive reimbursements to ensure that aggregate outlier payments during...
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