(DOWNLOAD) "Springdale Convalescent Center v. Mathews" by United States Court of Appeals for the Fifth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Springdale Convalescent Center v. Mathews
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 20, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
CLARK, Circuit Judge: The district court granted a preliminary injunction prohibiting the United States Secretary of Health, Education, and Welfare (Secretary or HEW) from suspending the Medicaid provider status of the plaintiff, Springdale Convalescent Center (Springdale), for refusing to reimburse the Secretary for alleged Medicare overpayments.1 The court also held (a) that the Secretary exceeded his statutory authority under the Medicare Act to promulgate regulations establishing methods for determining the reasonable cost of a Medicare provider's services,2 and (b) that the Secretary's regulation providing for the recapture of accelerated depreciation charges3 contravened the Fifth Amendment due process clause to the United States Constitution as applied to Springdale. In their appeal defendants4 argue that the district court was without jurisdiction of this cause, or alternatively, that the Secretary properly exercised his statutory authority and the regulation is not unconstitutional. We hold that the district court properly had jurisdiction but that the district court erred in holding that the regulation was unconstitutional.