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LITTLE CO. OF MARY HOSP. v. SEBELIUS

No. 09-1665.

587 F.3d 849 (2009)

LITTLE COMPANY OF MARY HOSPITAL, Plaintiff-Appellant, v. Kathleen SEBELIUS, Secretary, U.S. Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 24, 2009.

Attorney(s) appearing for the Case

Leslie D. Alderman, III (argued), Alderman, Devorsetz & Hora, PLLC, Washington, DC, for Plaintiff-Appellant.

Kathryn Ann Kelly, Attorney, Office of the United States Attorney, Chicago, IL, Gerard Keating, Attorney (argued), Department of Health and Human Services, Washington, DC, for Defendant-Appellee.

Before POSNER, FLAUM, and ROVNER, Circuit Judges.

FLAUM, Circuit Judge.

In 2003, plaintiff-appellant, Little Company of Mary Hospital (Little Company), requested that their assigned Medicare financial intermediary (Intermediary) reopen and reconsider several issues in Little Company's cost report from 1998. When the Intermediary reopened only one of the challenged issues, Little Company appealed all of the challenged issues to the Provider Reimbursement Board (PRRB). The PRRB dismissed the appeal of the non-reopened...

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