United States Ninth Circuit
Providence Yakima Med. Ctr. v. Sebelius, 09-35266
In an action brought by five not-for-profit hospitals, each recipients of Medicare direct graduate medical education payments for approved family medicine residency programs, the district court's order finding the Secretary's methodology for calculating the hospitals' base-year per resident amounts under 42 C.F.R. section 413.86(e)(4)(I) (1989) arbitrary and capricious is vacated in part where, because the method was "ad hoc" and did not meet the requirements of 42 U.S.C. section 1395oo(f)(1), a grant of expedited judicial review was erroneous and the district court should not have determined it had jurisdiction.
Appellate Information
- Argued 04/06/2010
- Decided 07/23/2010
- Published 07/23/2010
Judges
- Per Curiam
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Sanford E. Pitler, Jeffrey A. Clair