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COLUMBIA-GREENE MEDICAL CENTER, INC. v. SULLIVAN

No. 88-CV-914.

758 F.Supp. 821 (1991)

COLUMBIA-GREENE MEDICAL CENTER, INC., Plaintiff, v. Louis W. SULLIVAN, M.D., Secretary, United States Department of Health and Human Services, and Gail R. Wilensky, Administrator, Health Care Financing Administration, United States Department of Health and Human Services, Defendants.

United States District Court, N.D. New York.

March 1, 1991.

Attorney(s) appearing for the Case

Roland, Fogel, Koblenz & Carr, Albany, N.Y. (Mark L. Koblenz, Murray S. Carr, of counsel), Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, Boston, Mass. (Ellen L. Janos, of counsel), for plaintiff.

Frederick J. Scullin, Jr., U.S. Atty., Albany, N.Y. (Bernard J. Malone, Asst. U.S. Atty., of counsel), for defendants.

Department of Health & Human Services, Baltimore, Md. (Marcus H. Christ, Gerard Keating, of counsel), for Dept. of Health and Human Services.

CHOLAKIS, District Judge.1

This case involves a challenge to one aspect of the Medicare hospital reimbursement scheme. Plaintiff alleges that the portion of the regulatory scheme which characterizes hospitals as "urban" or "rural" for purposes of reimbursement under the Prospective Payment System, or PPS, violates the statute under which the regulations were promulgated, is arbitrary and capricious and, as applied to plaintiff, violates...

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