Community Hospital Of Chandler, Inc. v. Sullivan

963 F.2d 1206 37 Soc.Sec.Rep.Ser. 293, Medicare & Medicaid Guide P 40,233 COMMUNITY HOSPITAL OF CHANDLER, INC., an Arizona Corporation, d/b/a Chandler Regional Hospital, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., in his official capacity as Secretary of the United States Department of Health and Human Services, Defendant-Appellee. No. 90-16331. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 11, 1992. Decided May 4, 1992. As Amended July 10, 1992. Patrick K. O'Hare, Amy E. Hancock, McDermott, Will, & Emery, Washington, D.C., and Douglas Gerlach, Brown & Bain, Phoenix, Ariz., for plaintiff-appellant. Stuart Gerson, Asst. Atty. Gen., James P. Loss, Asst. U.S. Atty., Phoenix, Ariz., Lawrence M. Meister, Office of the Gen. Counsel, Dept. of Health and Human Services, Baltimore, Md., for defendant-appellee. Appeal from the United States District Court for the District of Arizona. Before: FLETCHER, D.W. NELSON and FERNANDEZ, Circuit Judges. D.W. NELSON, Circuit Judge: OVERVIEW 1 Until 1984, Chandler Community Hospital operated in a single-story, 46-bed, small-scale facility. That year, the original facility was closed down and the operation was…