United States Sixth Circuit

Plaintiff, seeking a higher rate of reimbursement for the care provided in its skilled nursing facility than that allowed by the U.S. Department of Health and Human Services, is entitled to "new provider" status pursuant to 42 C.F.R. section 413.30(e).

Appellate Information

• Decided 12/19/2003
• Published 12/19/2003

Judges

• Before BOGGS, Chief Judge;  NORRIS and CLAY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Mark D. Tucker (briefed), Benesch, Friedlander, Coplan & Aronoff, Columbus, OH, David M. Levine (argued and briefed), Benesch, Friedlander, Coplan & Aronoff, Cleveland, OH, for Appellant.


• For Appellees:
  
• Barbara C. Biddle (on brief), Anthony A. Yang (argued and briefed), U.S. Dept. of Justice Civil Division, Appellate Section, Washington, DC, Marcia W. Johnson, Asst. U.S. Atty., U.S. Atty's Office, Cleveland, OH, for Appellee.