United States DC Circuit

Defendant refused to increase the rate at which the Medicare program reimburses plaintiff for treatment of patients with renal disease. His finding - that plaintiff's supporting documentation contained an error that rendered it incapable of justifying a rate increase - was neither arbitrary nor capricious.

Appellate Information

• Argued 12/05/2003
• Decided 01/30/2004
• Published 01/30/2004

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Leslie Demaree Goldsmith argued the cause for appellant.   With her on the briefs was Harry R. Silver.


• For Appellees:
  
• Paul E. Soeffing, Attorney, U.S. Department of Health and Human Services, argued the cause for appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General;  Roscoe C. Howard Jr., U.S. Attorney;  Anthony J. Steinmeyer, Attorney, U.S. Department of Justice;  Alex M. Azar II, General Counsel, U.S. Department of Health and Human Services;  Robert P. Jaye, Acting Associate General Counsel;  and Henry R. Goldberg, Deputy Associate General Counsel for Litigation.