PHOENIX BAPTIST HOSPITAL & MEDICAL CENTER, INC., A NONPROFIT CORPORATION DBA PHOENIX BAPTIST HOSPITAL AND MEDICAL CENTER, PLAINTIFF/APPELLANT
v.
MARGARET M. HECKLER, SECRETARY OF HEALTH AND HUMAN SERVICES, DEFENDANT/APPELLEE
PHOENIX BAPTIST HOSPITAL & MEDICAL CENTER, INC., A NONPROFIT CORPORATION DBA PHOENIX BAPTIST HOSPITAL AND MEDICAL CENTER, PLAINTIFF/APPELLANT
MARGARET M. HECKLER, SECRETARY OF HEALTH AND HUMAN SERVICES, DEFENDANT/APPELLEE
776 F.2d 877
United States Court of Appeals for the Ninth Circuit (1985)
Positive Treatment
Cited by 2 cases
Opinion of the Court
The opinion in this case, filed August 5, 1985, and appearing at 767 F. 2d 1304, is modified as follows:
Replace footnote 5 at page 1307 with the following:
The Secretary’s liquidity requirement is reasonably derived from the regulatory purpose of funding depreciation “as a means of conserving funds for the replacement of depreciable assets.” 42 C.F.R. § 405.415(e). The requirement represents no more than “a fine tuning of doctrine that does not require rule-making unless it imposes severe hardship or circumvents existing rules.” Cities v. FERC, 723 F. 2d 656, 659 (9th Cir.1984).
The opinion having been so amended the petition for rehearing is denied. The full court having been advised of the amendment, and no judge having objected to the amendment or having called for rehearing en banc, the suggestion for rehearing en banc is rejected.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Vallejo Gen. Hosp. (now known as Sutter Solano Med. Center) v. Otis Bowen, M.D., 851 F.2d 229 (9th Cir. 1988)
Authorities Cited
- Cities OF Anaheim v. Fed. Energy Regulatory Comm'n, 723 F.2d 656 (9th Cir. 1984)
- Phoenix Baptist Hosp. & Med. Ctr., Inc. v. Heckler, 767 F.2d 1304 (9th Cir. 1985)