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Appellee

Appeal from the United States District Court

for the District of Columbia

(No. 97cv03109)

Kent Masterson Brown argued the cause for appellants.

With him on the briefs was Frank M. With him on the brief were

Frank W. Altman

were on the brief for amici Citizens Against Government

Waste. Contend that section 4507 is unconstitutional on

a number of grounds. Eliminates the injury

that is the basis of plaintiffs' constitutional attack.

I

Medicare is a comprehensive insurance program designed

to provide health insurance benefits for individuals 65 and

over. The program is administered

by the Health Care Financing Administration (HCFA). Which is not at

issue in this case. Which is the focus here. Part B is financed by a combination of

government funding and premiums paid by beneficiaries. See

id. 1395j. Are categorically excluded from Medicare coverage.

See id. 1395y(a)(7).

David W. With him

on the brief was Tamara V. Long term

care hospitals are one such category. Citing regulations that require new hospitals to

have six months of experience before they can qualify as

". The Secretary of

HHS took the position that an initial data collection period is

statutorily required. We remand the case to permit her to determine

whether she wishes to retain the existing regulations knowing

that other options are permissible.

I

Medicare is a federal health insurance program for the

aged and disabled that is administered by the Health Care

Financing Administration (HCFA) of HHS. Institutional health

care providers are reimbursed for their services to eligible

patients. Hospitals are reimbursed according to flat rates estab

lished in advance for the various categories of patient diag

noses (known as ". For the care of patients whose hospitaliza

tions are extraordinarily costly or lengthy.

Because we find that the Secretary did not owe any clear. We REVERSE the district court's grant of summary judgment to Plaintiffs and its denial of summary judgment to the Secretary because we determine that Plaintiffs cannot prevail as a matter of law on any of their claims.

1. BACKGROUND

Plaintiffs are or operate Oklahoma for profit. Is the agency of HHS responsible for administering the Medicare program.

Some of the hospital services provided by Plaintiffs are covered by Medicare.

Only after his death was Haceesa's disease diagnosed correctly: he died of hantavirus pulmonary syndrome. Haceesa was a Navajo Indian. The hospital where he was first seen on April 25

could significantly and substantially contribute to the

cause and effect of a coal or other mine safety or health

hazard. Designation of a violation as

Massey was executive director of Ogden Area Community Action Committee. Alleging he was wrongfully terminated without due process in violation of 42 U.S.C.

Plaintiff appellee Commerce Bank. N.A. (

Plaintiff appellant Robert Oslin appeals from the district court's order affirming the Commissioner's denial of his applications for disability benefits and supplemental security income benefits. Oslin argues the Commissioner should have given greater weight (1) .