48 soc.sec.rep.ser. 695, Medicare & Medicaid Guide P 43,539, 95 Cal. Daily Op. Serv. 6559, 95 Daily Journal D.A.R. 11,227 San Bernardino Mountains Community Hospital District v. Secretary of Health and Human Services

63 F.3d 882 48 Soc.Sec.Rep.Ser. 695, Medicare & Medicaid Guide P 43,539, 95 Cal. Daily Op. Serv. 6559 , 95 Daily Journal D.A.R. 11 ,227 SAN BERNARDINO MOUNTAINS COMMUNITY HOSPITAL DISTRICT, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee. No. 94-55474. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 11, 1995. Decided Aug. 21, 1995. Lloyd A. Bookman and Gina M. Reese, Hooper, Lundy & Bookman, Los Angeles, CA, for plaintiff-appellant. Russell W. Chittenden, Asst. U.S. Atty., Los Angeles, CA, for defendant-appellee. Appeal from the United States District Court for the Central District of California. Before LAY, * BRUNETTI and RYMER, Circuit Judges. LAY, Circuit Judge: 1 This appeal arises from the district court's grant of summary judgment in favor of the Secretary of the Department of Health and Human Services upholding the validity of its regulation governing "sole community hospital" status under the Medicare Act, 42 C.F.R. Sec. 412.92(a) (1994). The San Bernardino Mountains Community Hospital District ("the District") operates Mountains Community Hospital, which is located in Lake Arrowhead, California, within…