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ST. JOSEPH'S HOSP. v. HECKLER

No. CIV 82-781-TUC-MAR.

583 F.Supp. 1545 (1984)

ST. JOSEPH'S HOSPITAL, et al., Plaintiffs, v. Margaret M. HECKLER, Secretary of the Department of Health and Human Services, et al., Defendants.

United States District Court, D. Arizona.

April 24, 1984.

Attorney(s) appearing for the Case

Shalom Brilliant, Dept. of Justice, Washington, D.C., Don V. Overall, Asst. U.S. Atty., D. Arizona, Tucson, Ariz., for defendants.

Robert Klein, Richard A. Jones, Weissburg & Aronson, Inc., Los Angeles, Cal., Richard Rollman, Tracy Nuckolls, Jones, Dickerman, Nuckkols, Edwards & Smith, Tucson, Ariz., Ronald N. Sutter, Weissburg & Aronson, Inc., Washington, D.C., for plaintiffs.

ORDER

MARQUEZ, District Judge.

Plaintiffs, hospitals, filed suit against HEW contesting the validity of the "Malpractice Rule," 42 C.F.R. § 405.452(b)(1)(ii), a recently adopted regulation which changes the formula by which hospitals are reimbursed for medical malpractice premiums by Medicare and Medicaid. Both plaintiffs and defendants have moved for summary judgment. After due consideration of the materials filed and oral argument, the motions come...

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