United States DC Circuit

In an action challenging a decision by the Secretary of Health and Human Services to deny plaintiff nursing facilities reimbursement for certain bad debt costs, summary judgment for defendant is affirmed where it was reasonable for the Secretary to read 42 U.S.C. section 1395x(v)(1)(A) to apply only to reimbursement systems based on "reasonable costs."

Appellate Information

• Argued 02/13/2009
• Decided 08/04/2009
• Published 08/04/2009

Judges

• Before:  GARLAND and GRIFFITH, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Daniel F. Miller argued the cause for appellants.   With him on the briefs were Barbara J. Janaszek and John R. Jacob.


• For Appellees:
  
• Christopher Fonzone, Attorney, U.S. Department of Justice, argued the cause for appellee.   With him on the brief were Gregory G. Katsas, Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, and Barbara C. Biddle and Jeffrica Jenkins Lee, Attorneys.  R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.