United States Ninth Circuit

Once the Provider Reimbursement Review Board acquires jurisdiction pursuant to 42 U.S.C. section 1395oo(a) over a dissatisfied Medicare provider's cost report on appeal from an intermediary's final determination of total reimbursement due for a covered year, it has discretion under section 1395oo(d) to decide whether to order reimbursement of a cost or expense that was incurred within the period for which the cost report was filed, even though that particular expense was not expressly claimed or explicitly considered by the intermediary.

Appellate Information

• Argued 06/11/2007
• Decided 07/09/2007
• Published 07/09/2007

Judges

• RYMER, Circuit Judge:, Before:  D.W. NELSON, STEPHEN REINHARDT, and PAMELA ANN RYMER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Susan Maxson Lyons, United States Department of Justice, Washington, DC, for defendant-appellant-appellee., Lloyd A. Bookman, Los Angeles, CA, for the plaintiff-appellee-appellant.