United States Eighth Circuit

A decision denying, for Medicare reimbursement purposes, "approved educational activity" status for classroom costs incurred by petitioner in connection with its affiliation with a nursing school is affirmed where: 1) a direct-operation requirement is a permissible interpretation of "approved educational activities" and did not represent an arbitrary change from a prior interpretation; and 2) substantial evidence supported a finding that petitioner was not the operator of the educational activity.

Appellate Information

• Decided 08/15/2006
• Published 08/15/2006

Judges

• GRUENDER, Circuit Judge., Before SMITH, HEANEY and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Dan M. Peterson, argued, Washington, D.C. (Stephen M. McNabb, on the brief), for appellant.


• For Appellees:
  
• Jonathan H. Levy, argued, Washington, D.C. (Peter D. Keisler, H.E. (Bud) Cummins, and Scott R. McIntosh, on the brief), for appellee.