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ST. MARY OF NAZARETH HOSP. v. HECKLER

Civ. A. Nos. 80-3280, 81-0396 and 81-0994.

587 F.Supp. 937 (1984)

ST. MARY OF NAZARETH HOSPITAL, et al., Plaintiffs, v. Margaret M. HECKLER, Secretary of Health & Human Services, Defendant. MOUNT ZION HOSPITAL & MEDICAL CENTER, Plaintiff, v. Margaret M. HECKLER, Secretary of Health & Human Services, Defendant. WASHINGTON TOWNSHIP HOSPITAL DISTRICT, Plaintiff, v. Margaret M. HECKLER, Secretary of Health & Human Services, Defendant.

United States District Court, District of Columbia.

June 29, 1984.

Attorney(s) appearing for the Case

Dennis M. Barry and Michael H. Cook of Wood, Lucksinger & Epstein, Washington, D.C., for plaintiffs.

Joseph E. diGenova, U.S. Atty., Royce C. Lamberth, Asst. U.S. Atty., Henry R. Goldberg, Sheree R. Kanner and Deborah M. Chaskes, Dept. of Health & Human Services, Washington, D.C., for defendants; Juan A. Del Real and Ann T. Hunsaker, Washington, D.C., of counsel.

ORDER

CHARLES R. RICHEY, District Judge.

These consolidated cases, involving the treatment of labor and delivery room patients in calculating Medicare reimbursement, are before the court upon remand. 718 F.2d 459 (D.C.Cir.1983), reh'g denied, Nov. 18, 1983. Defendant has moved for a remand to the agency for recalculation of the average routine cost per diem of the plaintiff hospitals. Plaintiffs argue that in light...

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