51 soc.sec.rep.ser. 278, Medicare & Medicaid Guide P 44,486, 97 Cal. Daily Op. Serv. 5104, 96 Daily Journal D.A.R. 8231 French Hospital Medical Center, a California Nonprofit Corporation v. Donna E. Shalala, in Her Official Capacity as Secretary of the United States Department of Health and Human Services

89 F.3d 1411 51 Soc.Sec.Rep.Ser. 278, Medicare & Medicaid Guide P 44,486, 97 Cal. Daily Op. Serv. 5104 , 96 Daily Journal D.A.R. 8231 FRENCH HOSPITAL MEDICAL CENTER, a California nonprofit corporation, Plaintiff-Appellant, v. Donna E. SHALALA, in her official capacity as Secretary of the United States Department of Health and Human Services, Defendant-Appellee. No. 94-15366. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 11, 1995. Decided July 9, 1996. James M. Gaynor, Jr., McDermott Will & Emery, Chicago, Illinois; Kathleen Houston Drummy, McDermott Will & Emery, Los Angeles, California, for plaintiff-appellant. Gerard Keating and Charles Bailey, Office of the General Counsel, United States Department of Health and Human Services, Washington, D.C., for defendant-appellee. Appeal from the United States District Court for the Northern District of California, Eugene F. Lynch, District Judge, Presiding. D.C. No. CV-92-03527-EFL. Before: HALL, KOZINSKI and HAWKINS, Circuit Judges. Opinion by Judge HAWKINS; Concurrence by Judge KOZINSKI. OPINION MICHAEL DALY HAWKINS, Circuit Judge: 1 This appeal requires us to decide whether a health care provider…