United States DC Circuit

In an action claiming that the Provider Reimbursement Review Board erred by denying Medicare reimbursements to Plaintiff hospitals, summary judgment for Defendant is affirmed, where Plaintiffs did not follow the Board's rules for reinstating their dismissed appeal.

Appellate Information

• Argued 03/06/2009
• Decided 05/19/2009
• Published 05/19/2009

Judges

• Before:  KAVANAUGH, Circuit Judge, and EDWARDS and WILLIAMS, Senior Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Leslie D. Alderman III argued the cause for appellants.   With him on the briefs was Kenneth R. Marcus., Jeffrey A. Lovitky was on the brief for amicus curiae Quality Reimbursement Services in support of appellants.


• For Appellees:
  
• Bridgette L. Kaiser, Attorney, U.S. Department of Health & Human Services, argued the cause for appellee.   With her on the brief were Gregory G. Katsas, Acting Assistant Attorney General, U.S. Department of Justice, Jeffrey A. Taylor, U.S. Attorney, Michael S. Raab, Attorney, and Janice L. Hoffman, Attorney, U.S. Department of Health & Human Services.   R. Craig Lawrence, Assistant U.S. Attorney, and Robert W. Balderston, Attorney, U.S. Department of Health & Human Services, entered appearances.