International Philanthropic Hospital Foundation v. Margaret O. Heckler

724 F.2d 1368 3 Soc.Sec.Rep.Ser. 379, Medicare&Medicaid Gu 33,587 INTERNATIONAL PHILANTHROPIC HOSPITAL FOUNDATION, Appellant, v. Margaret O. HECKLER, * Secretary of Health & Human Services, Appellee. No. 82-5847. United States Court of Appeals, Ninth Circuit. Argued April 7, 1983. Submitted Oct. 3, 1983. Decided Jan. 31, 1984. Patric Hooper, Weisberg & Aronson, Inc., Los Angeles, Cal., for appellant. Ian Fan, Carolyn M. Reynolds, Asst. U.S. Attys., Los Angeles, Cal., for appellee. Appeal from the United States District Court for the Central District of California. Before GOODWIN, TANG and FLETCHER, Circuit Judges. PER CURIAM. 1 Plaintiff hospital, a Part A Medicare provider, appeals the dismissal of its action against the Secretary challenging two rulings by the Deputy Administrator which adjusted downward the hospital's claims for reimbursement. 2 Two principal issues were presented in the review sought in the district court: (1) the exclusion of labor and delivery room patients from the inpatient routine population for purposes of calculating the average per diem cost of general routine inpatient care, and (2) the correct time for submitting of a request for an…