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LINCOLN PARK NURSING HOME v. CALIFANO

Civ. No. 74-1431.

456 F.Supp. 514 (1977)

LINCOLN PARK NURSING HOME, Lincoln Park Nursing and Convalescent Home, Inc., Plaintiffs, v. Joseph CALIFANO, Secretary of Health, Education and Welfare, Blue Cross Association and Hospital Service Plan of New Jersey, Defendants.

United States District Court, D. New Jersey.

April 22, 1977.

Attorney(s) appearing for the Case

David A. Biederman, Kearny, N. J., for plaintiffs.

Judith S. Feigin, Civ. Div., U. S. Dept. of Justice, Washington, D.C., by Carolyn E. Arch, Asst. U. S. Atty., Newark, N. J., for defendants.

MEMORANDUM OPINION

LACEY, District Judge.

Under the Health Insurance for the Aged Act [Medicare Act], 42 U.S.C. § 1395, et seq., hospitals, nursing homes and similar-type facilities, known as providers of Medicare services to eligible patients, do not directly charge such patients for the services provided. 42 U.S.C. § 1395cc(a)(1). The Secretary of Health, Education and Welfare [Secretary], usually through designated fiscal intermediaries...

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