Phoenix Baptist Hospital & Medical Center, Inc. v. Heckler

U.S. Court of Appeals for the Ninth Circuit
Phoenix Baptist Hospital & Medical Center, Inc. v. Heckler, 776 F.2d 877 (9th Cir. 1985)

Phoenix Baptist Hospital & Medical Center, Inc. v. Heckler

Opinion of the Court

ORDER

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.

Reference

Full Case Name
PHOENIX BAPTIST HOSPITAL & MEDICAL CENTER, INC., a nonprofit corporation dba Phoenix Baptist Hospital and Medical Center v. Margaret M. HECKLER, Secretary of Health and Human Services
Cited By
1 case
Status
Published