United States District Court, Central District of Illinois, Springfield Division
March 2, 1984
HUMANA OF ILLINOIS, INC. D/B/A SPRINGFIELD COMMUNITY HOSPITAL, PLAINTIFF,
MARGARET M. HECKLER, DEFENDANT.
The opinion of the court was delivered by: J. Waldo Ackerman, Chief Judge.
This matter is before the Court on the parties' cross-motions
for summary judgment. On October 14, 1983, the Court heard oral
arguments on the motions. Since that time, numerous district
courts throughout the country, including the Honorable Hubert L.
Will in the Northern District of Illinois, have ruled on the
questions raised by the Plaintiffs in this action. After a review
of the briefs and arguments by the respective parties in this
action, and a review of the decisions recently rendered by the
various district courts throughout the country who have
confronted these identical questions, it is my opinion that the
regulation promulgated by the Department of Health and Human
Services was arbitrary and capricious and does not comport with
the requirements of the Medicare statute. In support of this
decision, I adopt the opinion of Judge Will in St. James Hospital
v. Heckler, 579 F. Supp. 757 (N.D.Ill. 1984). As I do not believe
that I could add anything substantial to the already
well-reasoned decisions of the other district judges in this
country, I will not render an additional written decision.
Therefore, Plaintiffs' motion for summary judgment is granted;
Defendant's motion for summary judgment is denied.
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