United States DC Circuit

In two hospitals' petition for a writ of mandamus to compel the Secretary of Health and Human Services to reopen final Medicare reimbursement determinations regarding inpatient services provided by the hospitals, the dismissal of the petition is affirmed where section 405.1885(b) expressly limited the duty to reopen to cases in which the Health Care Financing Administration provided a notice of inconsistency to intermediaries within three years of a Notice of Program Reimbursement.

Appellate Information

• Argued 03/22/2010
• Decided 04/30/2010
• Published 04/30/2010

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Leslie D. Alderman III argued the cause for appellant Baptist Memorial Hospital. With him on the briefs was Kenneth R. Marcus., Thomas J. Weiss, pro hac vice, argued the cause for appellant St. Agnes Medical Center.


• For Appellees:
  
• Christine N. Kohl, Attorney, U.S. Department of Justice, argued the cause for appellee. With her on the brief was Anthony J. Steinmeyer, Assistant Director. Gerard Keating, Attorney, U.S. Department of Health & Human Services, and R. Craig Lawrence, Assistant U.S. Attorney, entered appearances.