United States Ninth Circuit

In an appeal of denial of plaintiff-hospitals' notice of program reimbursement for the fiscal year ending in 2001 to the Provider Reimbursement Review Board (PRRB), which dismissed the appeal because plaintiff missed its deadline to file a preliminary position paper, the district court's grant of summary judgment to defendant is affirmed where: 1) district court committed no error when it granted; 2) PRRB’s instructions requiring dismissal of claims due to failure to timely submit preliminary position papers did not violate the Medicare Act; and 3) PRRB’s dismissal of plaintiff's claim was neither arbitrary nor capricious.

Appellate Information

• Decided 06/15/2011
• Published 06/15/2011

Judges

• RAWLINSON

Court

• United States Ninth Circuit

Counsel