United States DC Circuit

In a petition for review of the Department of Health and Human Services' (HHS) denial of Petitioner-Hospital's status as a sole community hospital (SCH) under the Medicare program, the denial of the petition is affirmed, where a prior District Court decision did not vacate the regulation requiring Petitioner to be in a rural area to qualify for SCH status.

Appellate Information

• Argued 10/16/2008
• Decided 05/12/2009
• Published 05/12/2009

Judges

• GINSBURG, Circuit Judge:, Before:  GINSBURG, TATEL and BROWN, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Michael B. DeSanctis argued the cause for appellant.   With him on the briefs were Donald B. Verrilli Jr., Michelle A. Groman, and Christopher L. Crosswhite.


• For Appellees:
  
• Thomas H. Dupree Jr., Deputy Assistant Attorney General, U.S. Department of Justice, argued the cause for appellee.   With him on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, and Michael Jay Singer, Attorney.  R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.