United States Fourth Circuit

A hospital was entitled to a "new provider" exception to the Medicare program's caps on reimbursement for routine service costs, because "provider" as used in 42 C.F.R. section 413.30(e) refers to the business institution providing skilled nursing services.

Appellate Information

• Argued 05/07/2002
• Decided 10/09/2002
• Published 10/09/2002

Judges

• Before WILLIAMS, TRAXLER, and GREGORY, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Carel Theilgard Hedlund, Ober, Kaler, Grimes & Shriver, P.C., Baltimore, Maryland, for Appellant.  Paul Edwin Soeffing, Office of the General, Centers for Medicare and Medicaid Services Division, United States Department of Health and Human Services, Baltimore, Maryland, for Appellee.   ON BRIEF:  James E. Edwards, Ober, Kaler, Grimes & Shriver, P.C., Baltimore, Maryland, for Appellant.  Alex M. Azar, II, General, Sheree R. Kanner, Associate General, Henry R. Goldberg, Deputy Associate General for Litigation, Marcus H. Christ, Jr., Office of the General, Centers for Medicare and Medicaid Services Division, United States Department of Health and Human Services, Baltimore, Maryland;  Thomas M. DiBiagio, United States Attorney, Roann Nichols, Assistant United States Attorney, Baltimore, Maryland, for Appellee.