Opinion

Georgetown University Hospital v. Otis R. Bowen, Secretary of Health and Human Services

  • 862 F.2d 323
  • 274 U.S. App. D.C. 96
  • 1988 U.S. App. LEXIS 15255
  • 1988 WL 120784
Court
Court of Appeals for the D.C. Circuit
Filed
Nov 15, 1988
Status
Published
Author
Mikya
On the bench
Mikya, Wald, Mikva, Sentelle
Cited by
27 cases

relying on step one of the analysis set forth in Chevron U.S.A., Inc. v. Natural Res. Def. Council, 467 U.S. 837, 842, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984)

How later courts described this case

  • relying on step one of the analysis set forth in Chevron U.S.A., Inc. v. Natural Res. Def. Council, 467 U.S. 837, 842, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984)
  • “A final administrative or judicial decision ... that a particular cost was, indeed, ‘allowable’ in the base year should provide conclusive proof that the cost should be included in the provider’s [target amount] for the PPS year under appeal.”
  • "[O]ur inquiry into congressional intent must encompass both the particular language, as well as the broader design of the statute."
  • plain meaning of the statute renders further investigations unnecessary

Written by the judges who cited it.

The opinion

MIKYA, Circuit Judge,

concurring:

I concur in the decision and excellent opinion of the Chief Judge, except for the expendable discussion of legislative history. I believe that when the plain meaning of a statute is found, it is unnecessary and unwise to delve further.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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