United States Ninth Circuit

In a healthcare provider's appeal from the district court's judgment affirming the Provider Reimbursement Review Board’s (PRRB) determination that it did not have jurisdiction to hear plaintiff's appeal of a fiscal intermediary's decision, and concluding on the merits that the Secretary of the U.S. Department of Health and Human Services (Secretary) was not required by law to adjust plaintiff's target Tax Equity and Fiscal Responsibility Act (TEFRA) costs and dismissing plaintiff's remaining claims, the order is affirmed where: 1) because plaintiff did not experience an increase in operating costs beyond the TEFRA ceiling, the district court correctly determined that plaintiff was not eligible for a TEFRA target cost adjustment under 42 U.S.C. section 413.40(g)(1)(iii); and 2) plaintiff was barred from joining the claims it did not bring before the PRRB to its appeal of the agency's final decision.

Appellate Information

• Decided 12/16/2010
• Published 12/16/2010

Judges

• Jay S. Bybee

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Richard J. Foster, Andre Birotte, Jr.