48 soc.sec.rep.ser. 828, Medicare & Medicaid Guide P 43,572, 95 Cal. Daily Op. Serv. 6861, 95 Daily Journal D.A.R. 11,757 Memorial Rehabilitation Hospital of Santa Barbara v. Secretary of Health and Human Services

65 F.3d 134 48 Soc.Sec.Rep.Ser. 828, Medicare & Medicaid Guide P 43,572, 95 Cal. Daily Op. Serv. 6861 , 95 Daily Journal D.A.R. 11 ,757 MEMORIAL REHABILITATION HOSPITAL OF SANTA BARBARA, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee. No. 93-55206. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 11, 1995. Decided Aug. 30, 1995. Stephen M. Rummage, Davis, Wright and Tremaine, Seattle, WA, for plaintiff-appellant. Michael R. Power and Judith A. Waltz, Department of Health and Human Services, San Francisco, 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, Senior Circuit Judge: 1 Memorial Rehabilitation Hospital of Santa Barbara ("Memorial") challenges the conclusion of the Secretary of Health and Human Services ("the Secretary") that it does not qualify as a "new hospital," exempt from ceilings on hospital rates by regulations enacted under the Tax Equity and Fiscal Responsibility Act of 1982 ("TEFRA"), 42 U.S.C. Sec. 1395 . The district court granted summary judgment upholding the decision of the…