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MOTHER FRANCES HOSP. OF TYLER, TEXAS v. SHALALA

No. 93-4388.

15 F.3d 423 (1994)

MOTHER FRANCES HOSPITAL OF TYLER, TEXAS, Plaintiff-Appellant, v. Donna E. SHALALA, in her official capacity as Secretary of the Department of Health and Human Services and William Toby, Jr., in his official capacity as Acting Administrator of the Health Care Financing Administration, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 3, 1994.

Attorney(s) appearing for the Case

Dan M. Peterson, Thomas E. Dowdell, Fulbright & Jaworski, Washington, DC, for Mother Frances Hosp.

John P. Schnitker, Anthony John Steinmeyer, Dept. of Justice, Civ. Div., Washington, DC, Bob Wortham, U.S. Atty., Office of Gen. Counsel, Dept. of H.H.S., Dallas, TX, for defendants-appellees.

Before JOHNSON, GARWOOD, and JOLLY, Circuit Judges.

JOHNSON, Circuit Judge:

The dispute in this case concerns the timing of Medicare reimbursement payments for costs incurred by provider hospitals under the Medicare Program. The particular costs at issue herein stem from an "advance refunding" transaction conducted by Mother Frances Hospital of Tyler, Texas (the "Hospital") in 1987. In that transaction, the Hospital incurred "defeasance" costs when it refunded an old series of bonds ahead of schedule in order to obtain...

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