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BRAE LOCH MANOR HEALTH CARE FACILITY v. THOMPSON

No. 01-CV-6023L.

287 F.Supp.2d 191 (2003)

BRAE LOCH MANOR HEALTH CARE FACILITY; Nor Loch Manor Health Care Facility; Elcor Health Services, Inc.; Harding Nursing Home; Maplewood Nursing Home; Nortonian Nursing Home; Palatine Nursing Home; Pontiac Nursing Home; Sunset Nursing Home, Plaintiffs, v. Tommy G. THOMPSON, Secretary of the United States Department of Health and Human Services, Defendant.

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

August 29, 2003.

Attorney(s) appearing for the Case

Jeffrey J. Calabrese, Harter, Secrest and Emery LLP, Rochester, NY, Thomas G. Smith, Harter, Secrest and Emery LLP, Rochester, NY, for Plaintiffs.

Christopher V. Taffe, United States Attorney Office, Rochester, NY, for Defendant.

DECISION AND ORDER

LARIMER, District Judge.

Under the Medicare insurance program, established by Title XVIII of the Social Security Act ("the Act"), the federal government reimburses providers of medical services to the aged and disabled, for the reasonable costs of medical services provided, subject to maximum permissible reimbursement amounts. 42 U.S.C. § 1395f(b)(1); § 1395x(v)(1)(A). Although Congress provided for payment of reasonable costs...

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