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QUEEN CITY HOME HEALTH CARE CO. v. SULLIVAN

No. 91-3558.

978 F.2d 236 (1992)

QUEEN CITY HOME HEALTH CARE COMPANY, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 26, 1992.

Attorney(s) appearing for the Case

Kenneth Berlin (argued), Paul Bousquet (briefed), Joan S. Meier, Winthrop, Stimson, Putnam & Roberts, Washington, D.C., Mary C. Henkel, Queen City Home Health Care Co., Cincinnati, Ohio, for plaintiff-appellant.

Alan S. Dorn, Department of Health and Human Services, Office of General Counsel, Chicago, Ill. (argued and briefed), Jan M. Holtzman, Asst. U.S. Atty., Office of U.S. Atty., Cincinnati, Ohio, for defendant-appellee.

Before: MILBURN and RYAN, Circuit Judges; and HOOD, District Judge.

RYAN, Circuit Judge.

Plaintiff Queen City Home Health Care Company appeals the district court's grant of summary judgment for the Secretary of Health and Human Services in Queen City's action challenging the Secretary's decision affirming a reasonable charge determination for seat lift chairs furnished to Medicare beneficiaries. The reasonable charge determination, known as the inherently reasonable allowance (IRA), was initially made by the Secretary's designee Nationwide...

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