COUNTY OF LOS ANGELES v. SHALALA

Nos. 98-5254-98-5262, 98-5325-98-5333.

192 F.3d 1005 (1999)

COUNTY OF LOS ANGELES, a political subdivision of the State of California, owner and operator of Los Angeles County/USC Medical Center, Harbor/UCLA Medical Center, Martin Luther King Jr./Drew Medical Center, Olive View Medical Center and High Desert Hospital, et al., Appellees/Cross-Appellants, v. Donna E. SHALALA, Secretary, U.S. Department of Health and Human Services, Appellant/Cross-Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided October 1, 1999.

Rehearing and Rehearing Denied November 30, 1999.


Attorney(s) appearing for the Case

Peter R. Maier, Attorney, United States Department of Justice, argued the cause for appellant/cross-appellee. With him on the briefs were Frank W. Hunger, Assistant Attorney General, Wilma A. Lewis, United States Attorney, and Barbara C. Biddle, Attorney, United States Department of Justice.

Lloyd A. Bookman argued the cause for appellees/cross-appellants. With him on the briefs were David H. Eisenstat, Byron J. Gross, John R. Hellow, Michael G. Hercz, John R. Jacob, and David B. Palmer.

Before: WALD, SILBERMAN, and TATEL, Circuit Judges.


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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