United States Ninth Circuit

Contentions that defendant committed four methodological errors in setting the 1991-1996 thresholds for "outlier payments," by which hospitals are reimbursed for patients with abnormally high costs, were properly found to have been waived by plaintiffs' failure to raise them in the annual notice-and-comment rulemakings before defendant.

Appellate Information

• Argued 12/03/2003
• Decided 04/13/2004
• Published 04/13/2004

Judges

• SCHWARZER, Senior District Judge:, Before BEEZER, KOZINSKI, Circuit Judges, and SCHWARZER, Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Lloyd A. Bookman and Byron J. Gross, Hooper, Lundy & Bookman, Inc., Los Angeles, California, for the plaintiffs-appellants.


• For Appellees:
  
• R. Craig Green, Appellate Staff Attorney, Civil Department, Department of Justice, Washington, D.C., for the defendant-appellee.