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ST. JAMES HOSP. v. HECKLER

No. 83 C 2773.

579 F.Supp. 757 (1984)

ST. JAMES HOSPITAL, Plaintiff, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant.

United States District Court, N.D. Illinois, E.D.

January 27, 1984.

Attorney(s) appearing for the Case

James M. Gaynor, Jr., John J. Jawor, McDermott Will & Emery, Chicago, Ill., John T. Ward, Leonard C. Homer, Margaret M. Manning, Ober, Kaler, Grimes & Shriver, Baltimore, Md., for plaintiff.

Juan A. Del Real, General Counsel, Dept. of Health & Human Services, Ann T. Hunsaker, Asst. Gen. Counsel, Sheree R. Kanner, Atty., Washington, D.C., for defendant.

MEMORANDUM OPINION

WILL, District Judge.

In this action, plaintiff, a provider of services under Part A of the Medicare program, 42 U.S.C. § 1395x(u), challenges an administrative regulation, 42 C.F.R. § 405.452(b)(1)(ii)1, which alters the computation formula, in effect since the inception of the Medicare program in 1966, used to reimburse provider hospitals for the costs of malpractice insurance. Before us are plaintiff...

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