23 soc.sec.rep.ser. 539, Medicare&medicaid Gu 37,529 Mt. Diablo Hospital District v. Otis R. Bowen, Secretary of Health and Human Services, St. John's Hospital and Health Center v. Otis R. Bowen, Secretary of Health and Human Services

860 F.2d 951 23 Soc.Sec.Rep.Ser. 539, Medicare&Medicaid Gu 37,529 MT. DIABLO HOSPITAL DISTRICT, et al., Plaintiffs-Appellants, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee. ST. JOHN'S HOSPITAL AND HEALTH CENTER, et al., Plaintiffs-Appellants, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee. Nos. 87-6265, 87-6270. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 10, 1988. Decided Nov. 4, 1988. Patric Hooper, Hooper, Lundy & Bookman, Margaret M. Manning, Weissburg and Aronson, Los Angeles, Cal., for plaintiffs-appellants. David S. Cade, Office of the General Counsel, Washington, D.C., for defendant-appellee. Appeal from the United States District Court for the Central District of California. Before PREGERSON, WIGGINS and BRUNETTI, Circuit Judges. PREGERSON, Circuit Judge: 1 Appellant Hospitals challenge the validity of a policy of the Secretary of Health and Human Services (the Secretary) regarding the timing of certain Medicare bonus payments. The bonuses in question are paid by the federal government to hospitals pursuant to the Tax Equity and Fiscal Responsibility Act of 1982, 42 U.S.C.…