United States Fifth Circuit

In an action against the Secretary of the Department of Health and Human Services and the Centers for Medicare and Medicaid Services (CMS), alleging that CMS's method for calculating reimbursement payments for costs incurred by health care providers' psychiatric units between 2003 and 2005 violated 42 U.S.C. section 1395ww(b)(3)(A) and was inconsistent with the agency’s own regulations, summary judgment for defendants is reversed where the plain text of subsection (c)(4)(iii) did not support defendant's contention that "the only reasonable interpretation of the regulations is that all of subsection (c)(4)(iii) expired in 2003 because the statutory authority under which it was promulgated (the BBA) expired at that time."

Appellate Information

• Decided 08/19/2010
• Published 08/20/2010

Judges

• Emilio M. Garza

Court

• United States Fifth Circuit

Counsel