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BAPTIST MEMORIAL HOSP.-GOLDEN TRIANGLE v. SEBELIUS

No. 08-5159.

566 F.3d 226 (2009)

BAPTIST MEMORIAL HOSPITAL-GOLDEN TRIANGLE, et al., Appellants v. Kathleen SEBELIUS, in Her Official Capacity as Secretary of the Department of Health and Human Services, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided May 19, 2009.

Attorney(s) appearing for the Case

Leslie D. Alderman III argued the cause for appellants. With him on the briefs was Kenneth R. Marcus.

Jeffrey A. Lovitky was on the brief for amicus curiae Quality Reimbursement Services in support of appellants.

Bridgette L. Kaiser, Attorney, U.S. Department of Health & Human Services, argued the cause for appellee. With her on the brief were Gregory G. Katsas, Acting Assistant Attorney General, U.S. Department of Justice, Jeffrey A. Taylor, U.S. Attorney, Michael S. Raab, Attorney, and Janice L. Hoffman, Attorney, U.S. Department of Health & Human Services. R. Craig Lawrence, Assistant U.S. Attorney, and Robert W. Balderston, Attorney, U.S. Department of Health & Human Services, entered appearances.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

The Provider Reimbursement Review Board is a governmental tribunal within the Department of Health and Human Services. It adjudicates disputes regarding hospitals' Medicare reimbursements. In this case, the Board denied reimbursement claims submitted by three hospitals—Golden Triangle, St. Joseph, and DeSoto. The hospitals contend that the Board, in denying the claims, incorrectly interpreted and enforced its own procedural rules....

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