United States DC Circuit

Under 42 CFR 413.134(g), the Deparment of Health and Human Services may use a hospital's net book value as a hospital's basis when reimbursing the hospital owner for depreciated costs in providing Medicare services where information is insufficient to establish the hospital's purchase price, fair market value, or depreciated reproduction cost.

Appellate Information

• Argued 11/08/2000
• Decided 07/06/2001
• Published 07/06/2001

Judges

• Before:  TATEL and GARLAND, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Anne Murphy, Attorney, U.S. Department of Justice, argued the cause for appellant.   With her on the briefs were David W. Ogden, Assistant Attorney General, Anthony J. Steinmeyer, Assistant Director, and Wilma A. Lewis, U.S. Attorney at the time the briefs were filed.  R. Craig Lawrence and Scott S. Harris, Assistant U.S. Attorneys, entered appearances.


• For Appellees:
  
• Joanne B. Erde argued the cause for appellee.   With her on the brief was Harry R. Silver.