ST. BERNARD'S HOSP., INC. v. THOMPSON

No. 3:99CV00398 GH.

193 F.Supp.2d 1097 (2002)

ST. BERNARD'S HOSPITAL, INC., et al., Plaintiffs, v. Tommy THOMPSON, Secretary of the United States Department of Health and Human Services, Defendant.

United States District Court, E.D. Arkansas, Jonesboro Division.

March 20, 2002.


Attorney(s) appearing for the Case

Daryl L. Rice, Eric Zimmerman, Melvin White, McDermott, Will & Emery, Attorneys At Law, Washington, D.C., Paul D. Waddell, Ralph W. Waddell, Denzil Price Marshall, Jr., Barrett & Deacon, Attorneys At Law, Jonesboro, AR, for plaintiffs.

H.E. (Bud) Cummins, United States Attorney, by Michael D. Johnson, Gwendolyn Dewees Hodge, Assistant United States Attorneys, Little Rock, AR, Laura E. Ellis, U.S. Department of Health and Human Services, Office of the General Counsel, Baltimore, MD, for defendant.


MEMORANDUM OPINION AND ORDER

GEORGE HOWARD, Jr., District Judge.

This disputes arises out of the Secretary's promulgation of a final rule set forth at 62 Fed.Reg. 45,966, 45,999 (Aug. 29, 1997) and again at 63 Fed.Reg. 26,318, 26,325 (May 12, 1998) (collectively, the "Final Rule") that plaintiffs contend misinterprets Section 4202(b) of the Balanced Budget Act of 1997 ("Section 4202(b)") and 42 C.F...

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