United States Seventh Circuit

In a dispute between plaintiff-health care provider and defendant-Secretary of Health and Human Services over Medicare reimbursements, agency decisions denying reimbursement of costs are affirmed where: 1) the district court's judgment was "final," and appellate jurisdiction was proper, even though the judgment required remand to the agency, because the agency's ultimate decision on remand might not be appealable in the courts; and 2) the Secretary did not act arbitrarily or capriciously in denying reimbursements to plaintiff for care of low-income patients under a "disproportionate share" program; for fellowship program attendance for plaintiffs' interns and residents; or for capital costs arising from interest payments on bonds issued by plaintiff.

Appellate Information

• Argued 04/16/2008
• Decided 08/01/2008
• Published 08/01/2008

Judges

• EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, and WOOD and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• James F. Flynn (argued), Attorney, Bricker & Eckler, Columbus, OH, Kristen E. Hudson, Attorney, Schopf & Weiss LLP, Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Samuel S. Miller (argued), Attorney, Office of the United States Attorney, Chicago, IL, for Defendant-Appellee.