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BOWEN v. GEORGETOWN UNIVERSITY HOSPITAL

No. 87-1097.

488 U.S. 204 (1988)

109 S.Ct. 468

102 L.Ed.2d 493

BOWEN, SECRETARY OF HEALTH AND HUMAN SERVICES v. GEORGETOWN UNIVERSITY HOSPITAL ET AL.

Supreme Court of United States.

Decided December 12, 1988

Attorney(s) appearing for the Case

Richard J. Lazarus argued the cause for petitioner. With him on the briefs were Acting Solicitor General Ayer, Assistant Attorney General Bolton, Deputy Solicitor General Merrill, Deputy Assistant Attorney General Spears, John F. Cordes, Mark W. Pennak, Ronald E. Robertson, Terry Coleman, and Henry R. Goldberg.

Ronald N. Sutter argued the cause for respondents. With him on the brief were Mary Susan Philp and Thomas K. Hyatt.*

JUSTICE KENNEDY delivered the opinion of the Court.

Under the Medicare program, health care providers are reimbursed by the Government for expenses incurred in providing medical services to Medicare beneficiaries. See Title XVIII of the Social Security Act, 79 Stat. 291, as amended, 42 U. S. C. § 1395 et seq. (the Medicare Act). Congress has authorized the Secretary of Health and Human Services to promulgate regulations...

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