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CHARLTON MEMORIAL HOSP. v. SULLIVAN

Civ. A. No. 91-11480-K.

816 F.Supp. 50 (1993)

CHARLTON MEMORIAL HOSPITAL, Morton Hospital, and St. Luke's Hospital of New Bedford, Inc., Plaintiffs, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant.

United States District Court, D. Massachusetts.

March 9, 1993.

Attorney(s) appearing for the Case

Andrew L. Matz, Mark A. Pogue, Jeffrey M. Alexander, Edwards & Angell, Providence, RI, for plaintiffs.

Roberta T. Brown, U.S. Attorney's Office, Judith S. Yogman, Attorney General's Office, Boston, MA, for defendant.

MEMORANDUM

KEETON, District Judge.

I.

Plaintiffs brought this action to challenge the payment rates established by the Secretary of Health and Human Services ("Secretary") under Medicare's Prospective Payment System ("PPS"). Asserting claims under the Administrative Procedure Act ("APA"), 5 U.S.C. §§ 701-706, and the Equal Protection Clause of the Constitution of the United States, plaintiffs challenge the "wage index" values calculated...

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