United States DC Circuit

The Secretary of Health and Human Services's interpretation of section 1395ww(a)(4) of the Medicare statute, as requiring "direct" operation of the program, in denying pass-through treatment for certain costs incurred by a provider during a nursing education program, was permissible.

Appellate Information

• Argued 10/07/2002
• Decided 02/07/2003
• Published 02/07/2003

Judges

• Before:  SENTELLE, ROGERS and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Richard A. Olderman, Attorney, U.S. Department of Justice, argued the cause for appellant.   With him on the briefs were Roscoe C. Howard, Jr., U.S. Attorney, and Barbara C. Biddle, Assistant Director, U.S. Department of Justice.


• For Appellees:
  
• Dan M. Peterson argued the cause and filed the brief for appellee.