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ST. LUKE'S METHODIST HOSP. v. THOMPSON

No. C 00-13 MJM.

182 F.Supp.2d 765 (2001)

ST. LUKE'S METHODIST HOSPITAL, Plaintiff, v. Tommy G. THOMPSON, Secretary of the United States Department of Health and Human Services, Defendant.

United States District Court, N.D. Iowa, Cedar Rapids Division.

September 26, 2001.

Attorney(s) appearing for the Case

Nancy J. Penner, Shuttleworth & Ingersoll, Cedar Rapids, IA, Frank P. Fedor, Anthony M. Perez, Murphy, Austin, Adams, Schoenfeld, LLP, Sacramento, CA, for Plaintiff.

Lawrence D. Kudej, Assistant United States Attorney, Cedar Rapids, IA, Michael R. Fry, Assistant Regional Counsel, Dept. of Health & Human Services, Office of General Counsel, Kansas City, MO, for Defendant.

OPINION and ORDER

MELLOY, District Judge.

Pursuant to 42 U.S.C. § 1395oo(f)(1), St. Luke's Methodist Hospital ("St. Luke's"), located in Cedar Rapids, Iowa, seeks judicial review of the final decision of the Secretary of Health and Human Services ("the Secretary") denying St. Luke's an exception to the cost limits applicable for Medicare skilled nursing facilities for the year 1992. Exception requests are governed by 42 C.F.R. § 413.30 which...

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