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MAINEGENERAL MEDICAL CENTER v. SHALALA

No. 99-1085.

205 F.3d 493 (2000)

MAINEGENERAL MEDICAL CENTER, Plaintiff, Appellant, v. Donna E. SHALALA, Secretary of the U.S. Department of Health and Human Services, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 8, 2000.

Attorney(s) appearing for the Case

William H. Stiles, with whom Skelton, Taintor & Abbott were on brief, for appellant.

Douglas Hallward-Driemeier, Attorney, U.S. Department of Justice, with whom David W. Ogden, Acting Assistant Attorney General, Jay P. McCloskey, United States Attorney, and Barbara C. Biddle, Attorney, U.S. Department of Justice, were on brief, for appellee.

Before BOUDIN, Circuit Judge, CYR, Senior Circuit Judge, and LYNCH, Circuit Judge.

LYNCH, Circuit Judge.

This case concerns what recourse is available to a provider hospital that, although eligible to receive Medicare reimbursement for certain expenses, mistakenly fails to ask for that reimbursement in a timely manner. The Secretary of Health and Human Services reimburses hospitals and other organizations for services they provide to beneficiaries of the Medicare program, 42 U.S.C. § 1395 et seq. After the end of each fiscal year, a hospital...

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