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RHODE ISLAND HOSP. v. SEBELIUS

Civ. Action No. 06-05 S.

670 F.Supp.2d 148 (2009)

RHODE ISLAND HOSPITAL, Plaintiff, v. Kathleen SEBELIUS, et al., Defendants.

United States District Court, D. Rhode Island.

November 24, 2009.

Attorney(s) appearing for the Case

Lawrence W. Vernaglia, Hinckley, Allen & Snyder LLP, Boston, MA, Michael R. Edwards, Robert G. Flanders, Jr., Jeffrey A. Mega, Hinckley, Allen & Snyder LLP, Providence, RI, for Plaintiff.

Peter Robbins, Sheila Leiber, Vikas K. Desai, U.S. Department of Justice, Washington, DC, for Defendants.

OPINION AND ORDER

WILLIAM E. SMITH, District Judge.

Up until 1996, the Medicare program paid for medical research performed by residents at Rhode Island Hospital ("Plaintiff" or "RIH"). That year, however, the Secretary of Health and Human Services (the "Secretary") decided that only research related to patient care qualified for reimbursement under Medicare regulations. In an earlier phase of this case, the First Circuit upheld the Secretary's view.

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