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HCA HEALTH SERVICES OF OKLAHOMA, INC. v. SHALALA

No. 93-5113.

27 F.3d 614 (1994)

HCA HEALTH SERVICES OF OKLAHOMA, INC., Plaintiff-Appellant, v. Donna E. SHALALA, Secretary, Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided July 1, 1994.

Attorney(s) appearing for the Case

Robert A. Klein, Washington, DC, argued the cause and filed the briefs for appellant.

Gerard Keating, Atty., Dept. of Health and Human Services, Washington, DC, argued the cause for appellee. With him on the brief were Frank W. Hunger, Asst. Atty. Gen., Eric H. Holder, Jr., U.S. Atty., Harriet S. Rabb, Gen. Counsel, Darrel J. Grinstead, Associate Gen. Counsel, Henry R. Goldberg, Deputy Associate Gen. Counsel, and William C. Bailey, Jr., Atty., Dept. of Health and Human Services, Washington, DC.

Before WALD, SILBERMAN and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

We uphold today the Secretary of Health and Human Services' ruling that when a fiscal intermediary reopens its original determination regarding the amount of reimbursement that a Medicare provider is to receive from the federal government under the Medicare program, 42 U.S.C. §§ 1395-1395ccc (1988), a provider's appeal of that reopening to the Provider Reimbursement Review Board...

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