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PROVIDENCE-ST. MARGARET HEALTH CENTER v. HECKLER

Civ. A. No. 83-2522.

587 F.Supp. 955 (1984)

PROVIDENCE-ST. MARGARET HEALTH CENTER, 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, Michael H. Cook and Harry L. Zimmerman of Wood, Lucksinger & Epstein, Washington, D.C., for plaintiff.

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

ORDER

CHARLES R. RICHEY, District Judge.

Before the court are plaintiff's motion for summary judgment and defendant's motion to remand. Plaintiff, a "provider of services" participating in the Medicare program, 42 U.S.C. § 1395 et seq., is challenging defendant's reimbursement for certain fiscal years. At issue is the proper treatment of maternity patients found in the labor/delivery area at the midnight census-taking hour for purposes of calculating...

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