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  5. 292 F.Supp.2d 57 (2003)
 

SELECT SPECIALTY HOSP. OF ATLANTA v. THOMPSON

Nos. CIV.A.01-02344(HHK), CIV.A.01-02346(HHK), CIV.A.01-02348(HHK), CIV.A.02-00245(HHK), CIV.A.02-00686(HHK), CIV.A.02-00687(HHK), CIV.A.03-00067(HHK), CIV.A.03-00068(HHK), CIV.A.03-00119(HHK), CIV.A.03-00977(HHK), CIV.A.03-01143(HHK), CIV.A.03-01144(HHK), CIV.A.03-01145(HHK), CIV.A.03-01146(HHK), CIV.A.03-01147(HHK).

292 F.Supp.2d 57 (2003)

SELECT SPECIALTY HOSPITAL OF ATLANTA, Plaintiff, v. Tommy G. THOMPSON, Secretary, United States Department of Health and Human Services, Defendant, Select Specialty Hospital of Knoxville, Plaintiff, v. Tommy G. Thompson, Secretary, United States Department of Health and Human Services, Defendant, Intensiva Hospital of Knoxville, Plaintiff, v. Tommy G. Thompson, Secretary, United States Department of Health and Human Services, Defendant, Select Specialty Hospital of Little Rock, Plaintiff, v. Tommy G. Thompson, Secretary, United States Department of Health and Human Services, Defendant, Select Specialty Hospital of Wilmington, Plaintiff, v. Tommy G. Thompson, Secretary, United States Department of Health and Human Services, Defendant, Select Specialty Hospital of Johnstown, Plaintiff, v. Tommy G. Thompson, Secretary, United States Department of Health and Human Services, Defendant, Select Specialty Hospital of Ann Arbor, Plaintiff, v. Tommy G. Thompson, Secretary, United States Department of Health and Human Services, Defendant, Select Specialty Hospital of Augusta, Plaintiff, v. Tommy G. Thompson, Secretary, United States Department of Health and Human Services, Defendant, Select Specialty Hospital of St. Louis, Plaintiff, v. Tommy G. Thompson, Secretary, United States Department of Health and Human Services, Defendant, Select Specialty Hospital-Reno, Plaintiff, v. Tommy G. Thompson, Secretary, United States Department of Health and Human Services, Defendant, Select Specialty Hospital-Battle Creek, Plaintiff, v. Tommy G. Thompson, Secretary, United States Department of Health and Human Services, Defendant, Select Specialty Hospital-Denver, Plaintiff, v. Tommy G. Thompson, Secretary, United States Department of Health and Human Services, Defendant, Select Specialty Hospital-Mesa, Plaintiff, v. Tommy G. Thompson, Secretary, United States Department of Health and Human Services, Defendant, Select Specialty Hospital-Tricities, Plaintiff, v. Tommy G. Thompson, Secretary, United States Department of Health and Human Services, Defendant, Select Specialty Hospital-West Columbus, Plaintiff, v. Tommy G. Thompson, Secretary, United States Department of Health and Human Services, Defendant,

United States District Court, District of Columbia.

November 18, 2003.

Attorney(s) appearing for the Case

E. Carrie Nixon, Tamara Van Antwerp Scoville, Jennifer G. Ruggiero, Reed Smith LLP, Washington, DC, for Plaintiff.

Robert E. Leidenheimer, Jr., Charlotte Bradley, Peter Blumberg, United States Attorneys Office, Elizabeth Margaret Kelly, Sonia M. Orfield, Carole Faith Kagan, U.S. Department of Health & Human Services, Washington, DC, Frances Pergericht Kuperman, Office of the General Counsel, Lawrence J. Harder, Frances Pergericht Kuperman, U.S. Department of Health & Human Services, Baltimore, MD, for Defendant.

MEMORANDUM OPINION AND ORDER

KENNEDY, District Judge.

Plaintiffs, several long-term care hospitals participating in the Medicare program, bring this action against defendant, Tommy G. Thompson, Secretary, United States Department of Health and Human Services ("Secretary" or "HHS"). Plaintiffs allege that HHS has interpreted its regulations and applied them in a way that improperly limits Medicare reimbursement for inpatient hospital services furnished by...

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