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ST. BARNABAS HOSP. v. THOMPSON

No. 00 CIV. 6399 (LAK).

139 F.Supp.2d 540 (2001)

ST. BARNABAS HOSPITAL, Plaintiff, v. Tommy G. THOMPSON, Secretary, Department of Health and Human Services, Defendant.

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

April 19, 2001.

Attorney(s) appearing for the Case

Murray J. Klein, Steven M. Ziolkowski, Reed, Smith LLP, for Plaintiff.

Edward Chang, Assistant United States Attorney, Mary Jo White, United States Attorney, for Defendant.

MEMORANDUM OPINION

KAPLAN, District Judge.

This case presents the question, said to be one of first impression, whether the Administrator of the Health Care Financing Administration ("HCFA") acted improperly in applying a 5.8 percent cost reduction mandated by Congress in computing reimbursement of hospitals for outpatient services to inpatient services as well. Plaintiff has moved for summary judgment. The government contends that summary judgment should...

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