United States DC Circuit

In a case where appellee denied requests by dialysis providers to be reimbursed at higher rates than Medicare normally pays for such services, summary judgment for appellee is reversed as to one provider, where the standard used to assess treatment costs qualifies as an "interpretative rule," "statement of policy," and/or "guideline of general applicability," and therefore should have been published in the Federal Register under the applicable statute.

Appellate Information

• Argued 11/08/2007
• Decided 12/21/2007
• Published 12/21/2007

Judges

• Before:  HENDERSON and TATEL, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Jeffrey A. Lovitky argued the cause and filed the briefs for appellants.


• For Appellees:
  
• Daniel J. Davis, Attorney, U.S. Department of Justice, argued the cause for appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, and Thomas M. Bondy, Attorney.  R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.