Nos. 93-6533, 94-5023. Argued February 3, 1995. Decided April 21, 1995. Mark D. Nelson (argued and briefed), Catherine R. Giella (briefed), Keck, Mahin Cate, Chicago, IL, for petitioner cross-respondent. Aileen A. Armstrong, Deputy Associate Gen. Counsel (briefed), Frederick C. Havard (argued), Marilyn O'Rourke, N.L.R.B., Washington, DC, for respondent cross-petitioner. Petition for review from the National Labor Relations Board. Before: MERRITT, Chief Judge; BROWN and BATCHELDER, Circuit Judges
(a)Statutory basis. (1) Section 1861(e) of the Act provides that- (i) Hospitals participating in Medicare must meet certain specified requirements; and (ii) The Secretary may impose additional requirements if they are found necessary in the interest of the health and safety of the individuals who are furnished services in hospitals. (2) Section 1861(f) of the Act provides that an institution participating in Medicare as a psychiatric hospital must meet certain specified requirements imposed on hospitals