United States DC Circuit
St. Luke's Hosp. v. Sebelius, 09-5352
In an action challenging the Secretary of Health and Human Services' denial of plaintiff's claim for reimbursement regarding a $2.9 million loss allegedly incurred by a Medicare provider when it merged with plaintiff through a "statutory merger," summary judgment for defendant is affirmed where: 1) the parties involved bargained in good faith and the consideration tendered reasonably reflected fair market value; and 2) the Secretary's application of the reasonable consideration requirement to the merger was not an impermissible retroactive imposition of a new standard as set out in PM A-00-76.
Appellate Information
- Argued 05/07/2010
- Decided 07/06/2010
- Published 07/06/2010
Judges
- Karen LeCraft Henderson
Court
- United States DC Circuit
Counsel
- For Appellant:
- Robert E. Mazer, Joel McElvain