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ST. ELIZABETH'S MEDICAL CENT. OF BOSTON v. SHALALA

No. Civ.A. 98-12621-JLT.

91 F.Supp.2d 419 (2000)

ST. ELIZABETH'S MEDICAL CENTER OF BOSTON, INC., Plaintiff, v. Donna SHALALA, in her official capacity as Secretary of the United States Department of Health and Human Services, Defendant.

United States District Court, D. Massachusetts.

March 31, 2000.

Attorney(s) appearing for the Case

Andrew C. Griesinger, Mark A. Borreliz, Choate, Hall & Stewart, Boston, MA, for St. Elizabeth's Medical Center of Boston, Inc., plaintiff.

Thomas E. Kanwit, United States Attorney's Office, Boston, MA, for Donna E. Shalala, defendant.

MEMORANDUM

TAURO, District Judge.

Plaintiff brings this suit for declaratory judgment challenging as "arbitrary and capricious" the Health Care Financing Administration's determination denying its request for a new provider exemption to the cost limit regulations under Medicare. Defendant moves to dismiss Plaintiff's suit pursuant to Fed.R.Civ.P. 12(b)(6) on grounds that Plaintiff has failed to exhaust its administrative remedies. For reasons set...

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