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LLOYD NOLAND HOSP. & CLINIC v. HECKLER

Civ. A. No. CV83-PT-0868-S.

619 F.Supp. 1 (1984)

LLOYD NOLAND HOSPITAL AND CLINIC, Plaintiff, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant.

United States District Court, N.D. Alabama, S.D.

April 5, 1984.

Attorney(s) appearing for the Case

Eric L. Carlton, Thomas, Taliaferro, Forman, Burr & Murray, Birmingham, Ala., John T. Ward, Leonard C. Homer, Margaret M. Manning, Ober, Grimes & Shriver, Baltimore, Md., for plaintiff.

Frank W. Donaldson, U.S. Atty., N.D. Ala., Herbert J. Lewis, III, Asst. U.S. Atty., Birmingham, Ala., for defendant.

MEMORANDUM OPINION

PROPST, District Judge.

This cause comes before the court on the parties' cross motions for summary judgment. Plaintiff seeks a determination that the "malpractice rule," 42 C.F.R. § 405.452(b)(1)(ii), is invalid because it was promulgated in violation of the Administrative Procedures Act (A.P.A.), 5 U.S.C. § 701 et seq., and because it is in substantive conflict with the provisions of the Medicare Act, 42 U.S.C. §...

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