United States Tenth Circuit

Under 42 CFR 413.102(c)(2), bonuses to owners of a Medicare provider, based on the spread between the provider's costs and the Medicare program's established limits, constitutes an unallowable return on equity.

Appellate Information

• Decided 01/10/2002
• Published 01/10/2002

Judges

• Before TACHA, Chief Judge, McKAY, and ANDERSON, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Elizabeth Zink Pearson,Pearson & Bernard, PSC, Covington, KY, appearing for Appellant.


• For Appellees:
  
• Martha Ann Paluch, Assistant U.S. Attorney (Thomas L. Strickland, U.S. Attorney, with her on the brief), Office of the U.S. Attorney, Denver, CO, appearing for Appellee.