National Medical Enterprises, Inc. v. Sullivan

960 F.2d 866 37 Soc.Sec.Rep.Ser. 11, Medicare & Medicaid Guide P 40,112 NATIONAL MEDICAL ENTERPRISES, INC., Plaintiff-Appellant, v. Louis S. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee. No. 90-55919. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 12, 1991. Decided April 2, 1992. 1 Patric Hooper, Hooper, Lundy & Bookman, Los Angeles, Cal., for plaintiff-appellant. 2 Marcus H. Christ, Office of General Counsel, Baltimore, Md., for defendant-appellee. 3 Before: NORRIS and THOMPSON, Circuit Judges, and KING, District Judge. * SAMUEL P. KING, District Judge: FACTS 4 National Medical Enterprises, Inc. ("NME"), a Medicare health care provider, appeals the district court's ruling on summary judgment that it is not entitled to interest under 42 U.S.C. §§ 1395g(d) or 1395oo(f)(2) on Medicare sums erroneously recouped from hospitals owned by NME during fiscal years 1980 through 1984. We affirm. 5 Medicare is the federal health insurance program for the aged and disabled. 42 U.S.C. § 1395 et seq. Under the Medicare system, the Secretary, through fiscal intermediaries, pays "providers" of health care services for…