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United States First Circuit


Visiting Nurse Ass'n v. Thompson, 04-2721

Summary judgment for Dep't of Health and Human Services in a case surrounding Medicare reimbursements for a compensation plan is affirmed where: 1) the Administrator made a decision within the prescribed 60 days; 2) regulations promulgated by the Dep't were valid interpretations; and 3) the Administrator's "strict application" of the regulations was proper.

Appellate Information

  • Decided 05/08/2006
  • Published 05/08/2006

Judges

  • LIPEZ, Circuit Judge., Before TORRUELLA and LIPEZ, Circuit Judges and GIBSON, Senior Circuit Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Héctor J. Pérez Rivera and Carlos R. Pastrana-Torres, with whom Goldman, Antonetti & Córdova, P.S.C., were on brief, for appellants.

  • For Appellees:
  • Maryalice Kozak, Assistant United States Attorney, with whom José M. Pizzaro-Zayas, Assistant United States Attorney, and H.S. García, United States Attorney, were on brief, for appellees.
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