Sunshine Health Systems, Inc. v. Bowen

842 F.2d 1097 21 Soc.Sec.Rep.Ser. 89, Medicare&Medicaid Gu 37,038 SUNSHINE HEALTH SYSTEMS, INC., dba Christian Hospital Medical Center, Plaintiff-Appellee, v. Otis R. BOWEN, Secretary of the Department of Health and Human Services, Defendant-Appellant. No. 87-6065. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 4, 1988. Decided March 22, 1988. As Amended May 10, 1988. Ian Fan, Asst. U.S. Atty., Los Angeles, Cal., for defendant-appellant. Thomas J. Weiss, Shea & Gould, Los Angeles, Cal., for plaintiff-appellee. Appeal from the United States District Court for the Central District of California. Before ALARCON, FERGUSON and BEEZER, Circuit Judges. FERGUSON, Circuit Judge: 1 The Secretary of the Department of Health and Human Services ("Secretary"), appeals the district court's amended final judgment awarding interest to Sunshine Health Systems, Inc. ("Sunshine"), at the rate of 15.875 percent. The Secretary argues that this interest rate is inapplicable to proprietary hospitals such as Sunshine, and that the proper interpretation of the statutory provision requiring payment of interest requires calculation at the rate of 10.583 percent. We agree. I.…