ADVENTIST LIVING CENTERS, INC. v. BOWEN

No. 88-2067.

881 F.2d 1417 (1989)

ADVENTIST LIVING CENTERS, INC., d/b/a LaGrange Colonial Manor, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of the United States Department of Health and Human Services and William L. Roper, Administrator of the Health Care Financing Administration, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 10, 1989.


Attorney(s) appearing for the Case

D. Kendall Griffith, Charles F. MacKelvie, Hinshaw, Culbertson, Moelmann, Hoban & Fuller, Chicago, Ill., for Adventist Living Centers, Inc. dba LaGrange Colonial Manor.

Elizabeth M. Landes, Asst. U.S. Atty., Richard A. Urbin, Dept. of Health and Human Services, Anton R. Valukas, U.S. Atty., Nancy K. Needles, Asst. U.S. Atty., Chicago, Ill., for defendants-appellees.

Before CUDAHY and KANNE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.


CUDAHY, Circuit Judge.

In 1981, plaintiff Adventist Living Centers ("ALC") purchased LaGrange Colonial Manor ("LaGrange"), a provider of skilled nursing services that participates in the Medicare program. Subsequently, ALC became enmeshed in a cost report dispute with its Medicare intermediary about the amount of Medicare reimbursement owed to ALC for depreciation expenses related to assets of the LaGrange facility. ALC commenced this action seeking judicial review...

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