United States Second Circuit

In an administrative action challenging the Secretary of Health and Human Service's regulation for reclassifying hospitals as 'urban' or 'rural,' 42 C.F.R. section 412.230(a)(5)(iii), under the Medicare Act, the district court's grant of summary judgment to defendant is reversed where the regulation contravenes the unambiguous language of 42 U.S.C. section 1395ww(d) and is invalid for exceeding the Secretary's authority.

Appellate Information

• Published 2016/02/04

Judges

• RAKOFF

Court

• United States Second Circuit

Counsel