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BINGHAMTON GENERAL HOSP. v. SHALALA

No. 93 Civ. 284 (LBS).

856 F.Supp. 786 (1994)

BINGHAMTON GENERAL HOSPITAL, Cortland Memorial Hospital, Horton Memorial Hospital, Long Island Jewish Medical Center, Mercy Community Hospital, New Rochelle Hospital, Phelps Memorial Hospital, St. Mary's Hospital at Amsterdam, the Brookdale Hospital Medical Center, the Catholic Medical Center of Brooklyn and Queens, Inc., the University Hospital of New York University Medical Center — Tisch Hospital, United Hospital Medical Center, Victory Memorial Hospital, White Plains Hospital Center, Yonkers General Hospital, Plaintiffs, v. Donna E. SHALALA, Secretary, United States Department of Health and Human Services, and Empire Blue Cross Blue Shield, Defendants.

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

June 22, 1994.

Attorney(s) appearing for the Case

Epstein Becker & Green, P.C., New York City (Robert P. Borsody, Esq. of counsel), for plaintiffs.

Mary Jo White, U.S. Atty. for the S.D. of New York, New York City (Aimee B. Wolfson, Asst. U.S. Atty., of counsel), for defendants.

OPINION

SAND, J.

This action presents us with an issue arising under the Medicare statute which has not previously been addressed by the courts of this circuit, and on which other circuits are split: whether the refusal of a "fiscal intermediary" to reopen a Medicare service provider's cost report is judicially or administratively reviewable.1 We hold that it is not.

The action is brought by fifteen New York hospitals...

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