United States DC Circuit

In an action claiming that the Secretary of Health and Human Services improperly excluded the labor costs of certain types of hospitals from her calculation of Medicare reimbursements due to plaintiffs, summary judgment for plaintiffs is reversed where the Secretary's exclusion of the costs was based on a reasonable interpretation of her statutory authority.

Appellate Information

• Argued 05/08/2009
• Decided 09/11/2009
• Published 09/11/2009

Judges

• Before HENDERSON, TATEL, and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Stephanie R. Marcus, Attorney, U.S. Department of Justice, argued the cause for appellant. With her on the briefs were Michael F. Hertz, Acting Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, and Mark B. Stern, Attorney. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.


• For Appellees:
  
• Ankur J. Goel argued the cause for appellees. With him on the brief were M. Miller Baker and Kelly M. Falls.