P.I.A. MICHIGAN CITY INC. v. THOMPSON

No. 00-5455.

292 F.3d 820 (2002)

P.I.A. MICHIGAN CITY INCORPORATED, Kingwood Hospital, Appellant v. Tommy G. THOMPSON, Secretary of the United States Department of Health and Human Services, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 14, 2002.


Attorney(s) appearing for the Case

Jonathan P. Neustadter argued the cause for appellant. With him on the briefs was Patric Hooper.

Marcus H. Christ, Jr., Attorney, U.S. Department of Health & Human Services, argued the cause for appellee. With him on the brief were David S. Cade, Acting General Counsel, Henry R. Goldberg, Deputy Associate General Counsel, David W. Ogden, Assistant Attorney General, U.S. Department of Justice, Wilma A. Lewis, U.S. Attorney at the time the brief was filed, and Anthony J. Steinmeyer, Attorney, U.S. Department of Justice.

Before: GINSBURG, Chief Judge; SENTELLE and GARLAND, Circuit Judges.


Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

P.I.A. Michigan City, Inc., brought this action pursuant to 42 U.S.C. § 1395oo(f)(1) for review of the Secretary's decision in a Medicare reimbursement matter. The hospital contended that the Secretary erred in denying it an exemption from the Medicare payment limitations imposed under the Tax Equity and Fiscal Responsibility Act of 1982. The district court denied the...

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