United States Ninth Circuit

Summary judgment affirming a denial of plaintiff-hospital operator's Medicare reimbursement request is affirmed over a claim that the Secretary of Health and Human Services had to reimburse it for depreciation losses resulting from its disposal of assets through a statutory merger. Plaintiff is not eligible for reimbursement because the merger at issue did not qualify as a "bona fide sale" under 42 C.F.R. section 413.134(f).

Appellate Information

• Argued 04/11/2008
• Decided 05/19/2008
• Published 05/19/2008

Judges

• GOODWIN, Circuit Judge:, Before: ALFRED T. GOODWIN, HARRY PREGERSON, and D.W. NELSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Patric Hooper, Hooper, Lundy & Bookman, Los Angeles, CA, for the plaintiff-appellant.


• For Appellees:
  
• Michael S. Raab, Joel McElvain, U.S. Department of Justice, Washington, D.C., for the defendant-appellee.