United States DC Circuit

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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


  • Karen LeCraft Henderson


  • United States DC Circuit


  • For Appellant:
  • <a href="http://pview.findlaw.com/view/2033398_1">Robert E. Mazer</a>, <a href="http://pview.findlaw.com/view/3166540_1">Joel McElvain</a>