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BEVERLY HOSP. v. BOWEN

Nos. 80-5011, 88-5013, 88-5014 and 88-5017.

872 F.2d 483 (1989)

BEVERLY HOSPITAL, et al., Appellants v. Otis R. BOWEN, Secretary of Health and Human Services. TENNESSEE HOSPITAL ASSOCIATION, Appellant v. Otis R. BOWEN, Secretary of Health and Human Services. CIRCLE CITY HOSPITAL, et al., Appellants v. Otis R. BOWEN, Secretary of Health and Human Services. CASTLE MEDICAL CENTER, et al., Appellants v. Otis R. BOWEN, Secretary of Health and Human Services.

United States Court of Appeals, District of Columbia Circuit.

Decided April 14, 1989.

Attorney(s) appearing for the Case

Margaret M. Manning, with whom Robert A. Klein, Los Angeles, Cal., was on the brief, for appellants in Nos. 88-5011, 88-5013, 88-5014 and 88-5017.

Stuart I. Silverman, Atty., Dept. of Health and Human Services, with whom John R. Bolton, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty., Washington, D.C., Malcolm M.B. Stewart, General Counsel, Darrel J. Grinstead, Acting Associate General Counsel, Henry R. Goldberg, Deputy Associate General Counsel and Susanne M. Lee, Atty., Dept. of Health and Human Services, Washington, D.C., were on the brief, for appellees in Nos. 88-5011, 88-5013, 88-5014 and 88-5017.

Before EDWARDS and RUTH BADER GINSBURG, Circuit Judges, and KAUFMAN, Senior Judge, of the United States District Court for the District of Maryland.

Opinion for the Court filed PER CURIAM.

PER CURIAM:

Several hospitals and associations of providers of health services instituted these consolidated actions challenging as unlawful a Medicare regulation, 42 C.F.R. § 466.78(b)(2) (1987), that required hospitals to provide at their own expense photocopies of medical records to peer review organizations. The District Court, ruling on plaintiffs' motion for summary judgment, declared the challenged Health...

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