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ALBANY GENERAL HOSP. v. HECKLER

Civ. No. 83-851-FR.

657 F.Supp. 87 (1987)

ALBANY GENERAL HOSPITAL, Ashland Community Hospital, Bay Area Hospital, Douglas Community Hospital, Eastmoreland General Hospital, Forest Glen Hospital, Good Samaritan Hospital, Grand Ronde Hospital, Holladay Park Hospital, Lebanon Community Hospital, Merle West Medical Center, Newberg Community Hospital, Providence Hospital, Rogue Valley Memorial Hospital, Sacred Heart General Hospital, St. Vincent Hospital, Salem Hospitals, the Dalles General Hospital, Western Lane Hospital, Plaintiffs, v. Margaret HECKLER, Secretary of the Department of Health and Human Services, Defendant.

United States District Court, D. Oregon.

As Amended May 4, 1987.

Attorney(s) appearing for the Case

Gerard Keating, Atty., Dept. of Health & Human Services, Office of the General Counsel, Washington, D.C., Evelyn C. McChesney, Asst. Regional Counsel, Dept. of Health & Human Services, Office of the General Counsel, Seattle, Wash., for defendant.

Thomas Balmer, Lindsay, Hart, Neil & Weigler, Portland, Or., for plaintiffs.

FRYE, Judge:

Plaintiffs, various community hospitals throughout the State of Oregon, filed this case to recover Medicare reimbursement amounts due to them for cost reporting periods ending in 1980 and 1981. Plaintiffs challenged defendant, Secretary of Health and Human Services' (the Secretary), Malpractice Rule, 42 C.F.R. § 405.452(b)(1)(ii) (1980), adopted in 1979 (the 1979 Rule) on the grounds that it violated the Medicare Act, P.L. 89-97, Codified at 42 U...

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