United States Eighth Circuit

In an action against the Secretary of the U.S. Department of Health and Human Services arising after plaintiff's Medicare-reimbursement-adjustment request was denied as untimely, summary judgment for defendant-Secretary is affirmed where defendant's interpretation of its regulations was controlling as its interpretation was not contradictory to the plain meaning of the regulation, nor was its decision arbitrary, capricious, or an abuse of discretion.

Appellate Information

• Decided 07/28/2008
• Published 07/28/2008

Judges

• SMITH, Circuit Judge., Before BYE, SMITH, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David Matthew Glaser, argued, Minneapolis, MN (Dulce Jo Foster, on the brief), for appellant.


• For Appellees:
  
• Jennifer Rae Frier, argued, U.S. Dept. of Health and Human Services, Chicago, IL (Robyn A. Millenacker, AUSA, Minneapolis, MN, on the brief), for appellee.