United States Tenth Circuit

Denial of successor-in-interest hospital operator's request for reimbursement for Medicare depreciation expenses, made after the consolidation of two non-profit operators, is affirmed where: 1) although the defendant's "related party" interpretation contradicted the plain language of 42 C.F.R. section 413.134; nevertheless, 2) defendant properly denied reimbursement pursuant to a finding that no "bona fide sale" occurred under 42 C.F.R. section 413.134(f).

Appellate Information

• Decided 12/07/2007
• Published 12/10/2007

Judges

• BRISCOE, Circuit Judge., Before KELLY, BALDOCK, and BRISCOE, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Robert E. Mazer, Ober, Kaler, Grimes & Shriver, Baltimore, Maryland (Stephen E. Robison and Lyndon W. Vix, Fleeson, Gooing, Coulson & Kitch, LLC, Wichita, Kansas;  Robert L. Heath, Via Christri Health System, Inc., Wichita, KS, with him on the briefs), for Plaintiff-Appellant.


• For Appellees:
  
• Joel McElvain, United States Department of Justice, Civil Division, Washington, D.C., (Peter D. Keisler, Acting Attorney General;  Eric F. Melgren, United States Attorney, State of Kansas, Kansas City, Kansas;  Michael Raab, United States Department of Justice, Civil Division, Washington D.C.;  Daniel Meron, General Counsel, Kathleen H. McGuan, Associate General Counsel, Mark D. Polston, Deputy Associate General Counsel for Litigation, David Hoskins, Attorney, Office of the General Counsel, U.S. Department of Health and Human Services, of Counsel, with him on the brief), for Defendant-Appellee.