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054372P.pdf   08/15/2006  Baptist Health  v.  Tommy G. Thompson
   U.S. Court of Appeals Case No:  05-4372
   Eastern District of Arkansas   
   [PUBLISHED] [Gruender, Author, with Smith and Heaney, Circuit Judges]
Civil case - Medicare reimbursement. Secretary of Health and Human Services was entitled to limit pass-through reimbursement for clinical or classroom costs to those programs directly operated by a participating hospital; substantial evidence supported the Secretary's decision that Baptist Health was not the operator of the educational facility in question for purposes of reimbursement. Judge Heaney, concurring in part and dissenting in part.