177 F.3d 1126 (9th Cir. 1999), 96-55892, Cedars-Sinai Med. Ctr. v. Shalala
|Citation:||177 F.3d 1126|
|Opinion Judge:||SCHROEDER, Circuit Judge.|
|Party Name:||CEDARS-SINAI MEDICAL CENTER; UNIVERSITY OF CALIFORNIA SAN FRANCISCO MEDICAL CENTER; UNIVERSITY OF CALIFORNIA LOS ANGELES MEDICAL CENTER; UNIVERSITY OF CALIFORNIA SAN DIEGO MEDICAL CENTER; ADVENTIST HEALTH SYSTEM/SUNBELT, INC., dba Florida Hospital Medical Center; ALLEGHENY GENERAL HOSPITAL; GALEN OF ARIZONA, INC., dba Healthwest Regional Medical Ce|
|Attorney:||Christine N. Kohl, United States Department of Justice, Washington, D.C., for the defendant-appellant. Donald R. Warren, Monaghan & Warren, San Diego, California, for the intervenor-appellant. Carol M. McCarthy and Leonard C. Homer, Ober, Kaler, Grimes & Shriver, Baltimore, Maryland, for the plai...|
|Judge Panel:||Before: James R. Browning, Mary M. Schroeder, Circuit Judges, and Jane A. Restani, U.S. Court of International Trade Judge. [*]|
|Case Date:||May 18, 1999|
|Court:||United States Courts of Appeals, Court of Appeals for the Ninth Circuit|
Argued telephonically and Submitted December 3, 1998, San Francisco, California
Appeal from the United States District Court for the Central District of California. D.C. No. CV-95-02902-JGD. John G. Davies, District Judge, Presiding.
Underlying this appeal is a challenge by Cedars-Sinai Medical Center and twenty-four other hospitals to a policy announced by the Department of Health and Human Services (" HHS" ) in an amendment to its Medicare Manual. The new policy removed Medicare coverage of investigational medical devices and procedures that had not been approved for marketing by the Food and Drug...
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