The University of Tennessee v. United States Department of Health and Human Services Health Care Financing Administration

Sixth Circuit

The University of Tennessee v. United States Department of Health and Human Services Health Care Financing Administration

737 F.2d 579, 1984 U.S. App. LEXIS 20877, 18 Educ. L. Rep. 543

CourtCourt of Appeals for the Sixth Circuit

DecidedJuly 2, 1984

Docket83-5390

StatusPublished

Cited by11 cases

This text of 737 F.2d 579 (The University of Tennessee v. United States Department of Health and Human Services Health Care Financing Administration) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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The University of Tennessee v. United States Department of Health and Human Services Health Care Financing Administration, 737 F.2d 579, 1984 U.S. App. LEXIS 20877, 18 Educ. L. Rep. 543 (6th Cir. 1984).

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Opinion

*580 PER CURIAM.

This is a dispute between the University of Tennessee which operates a hospital as a part of its medical teaching service and the United States Health and Human Services Department which, through Medicare, reimburses hospitals like that at the University of Tennessee for certain hospital costs. The computation of those costs involves the designing of a formula for finding the daily costs of caring for a hospitalized patient in each hospital. When using this formula, the Secretary has required, hospitals to include women in the labor rooms as patients for purposes of the daily census. The hospital argues that although labor room patients are counted in the census, not all costs generated by these patients are taken into account in computing the total costs for all patients. This practice, the hospital argues, results in underpayment of medicare reimbursement.

This case was heard before Judge Robert Taylor in the Eastern District of Tennessee, 573 F.Supp. 795, who found that it was reasonable to include pregnant mothers in the calculus. We will not reach the merits of this complex issue since, in the midst of the oral argument, the Secretary’s representative agreed with the lawyer for the hospital that it would be desirable to resubmit this issue to the Secretary for further consideration probably particularly in the light of St. Mary of Nazareth Hospital Center, et al. v. Schweiker, 718 F.2d 459 (D.C.Cir.1983), wherein Judge McGowan wrote in favor of St. Mary’s on the identical issue presented here.

This court now adopts the remand suggestion as advanced by the parties and refers this case back to Judge Taylor for remand by him to the Health and Human Services Department for further consideration referred to above.

We also deal with the second issue in this case by reaffirming a decision already twice decided by this court in Harper-Grace Hospitals v. Schweiker, 691 F.2d 808 (6th Cir.1982), reh’g denied, 708 F.2d 199 (6th Cir.1983).

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*580 PER CURIAM.

This is a dispute between the University of Tennessee which operates a hospital as a part of its medical teaching service and the United States Health and Human Services Department which, through Medicare, reimburses hospitals like that at the University of Tennessee for certain hospital costs. The computation of those costs involves the designing of a formula for finding the daily costs of caring for a hospitalized patient in each hospital. When using this formula, the Secretary has required, hospitals to include women in the labor rooms as patients for purposes of the daily census. The hospital argues that although labor room patients are counted in the census, not all costs generated by these patients are taken into account in computing the total costs for all patients. This practice, the hospital argues, results in underpayment of medicare reimbursement.

This case was heard before Judge Robert Taylor in the Eastern District of Tennessee, 573 F.Supp. 795, who found that it was reasonable to include pregnant mothers in the calculus. We will not reach the merits of this complex issue since, in the midst of the oral argument, the Secretary’s representative agreed with the lawyer for the hospital that it would be desirable to resubmit this issue to the Secretary for further consideration probably particularly in the light of St. Mary of Nazareth Hospital Center, et al. v. Schweiker, 718 F.2d 459 (D.C.Cir.1983), wherein Judge McGowan wrote in favor of St. Mary’s on the identical issue presented here.

This court now adopts the remand suggestion as advanced by the parties and refers this case back to Judge Taylor for remand by him to the Health and Human Services Department for further consideration referred to above.

We also deal with the second issue in this case by reaffirming a decision already twice decided by this court in Harper-Grace Hospitals v. Schweiker, 691 F.2d 808 (6th Cir.1982), reh’g denied, 708 F.2d 199 (6th Cir.1983).

10 soc.sec.rep.ser. 413, Medicare&medicaid Gu 34,872 Community Hospital of Roanoke Valley Giles Memorial Hospital Johnston Memorial Hospital King's Daughters' Hospital Lonesome Pine Hospital Martha Jefferson Hospital Memorial Hospital Roanoke Memorial Hospital Smyth County Community Hospital Twin County Community Hospital Waynesboro Community Hospital and Wythe County Community Hospital v. Health and Human Services, Culpeper Memorial Hospital, Inc. Depaul Hospital Fairfax Hospital Loudoun Memorial Hospital Mary Washington Hospital, Inc. Medical College of Virginia Petersburg General Hospital Portsmouth General Hospital St. Mary's Hospital Winchester Memorial Hospital v. Margaret M. Heckler, Secretary of Health and Human Services

770 F.2d 1257 (Fourth Circuit, 1985)

Community Hospital v. Health & Human Services

770 F.2d 1257 (Fourth Circuit, 1985)

760 F.2d 1311 (D.C. Circuit, 1985)

University of Michigan Hospitals v. Heckler

609 F. Supp. 756 (E.D. Michigan, 1985)

St. Mary of Nazareth Hospital Center v. Heckler

760 F.2d 1311 (D.C. Circuit, 1985)

Central DuPage Hospital v. Heckler

761 F.2d 354 (Seventh Circuit, 1985)

9 soc.sec.rep.ser. 342, Medicare&medicaid Gu 34,588 Central Dupage Hospital v. Margaret Heckler, Secretary of Health and Human Services, Johnson County Memorial Hospital v. Margaret Heckler, Secretary of Health and Human Services

761 F.2d 354 (Seventh Circuit, 1985)

Culpeper Memorial Hospital v. Heckler

592 F. Supp. 1173 (E.D. Virginia, 1984)

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737 F.2d 579, 1984 U.S. App. LEXIS 20877, 18 Educ. L. Rep. 543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-university-of-tennessee-v-united-states-department-of-health-and-human-ca6-1984.

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