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BAPTIST MEMORIAL HOSP. v. SEBELIUS

Nos. 09-5248, 09-5258.

603 F.3d 57 (2010)

BAPTIST MEMORIAL HOSPITAL, Appellant v. Kathleen SEBELIUS, Secretary, Department of Health and Human Services, Appellee. St. Agnes Medical Center, Appellant v. Kathleen Sebelius, Secretary, U.S. Department of Health and Human Services, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided April 30, 2010.

Attorney(s) appearing for the Case

Leslie D. Alderman III argued the cause for appellant Baptist Memorial Hospital. With him on the briefs was Kenneth R. Marcus.

Thomas J. Weiss, pro hac vice, argued the cause for appellant St. Agnes Medical Center.

Christine N. Kohl, Attorney, U.S. Department of Justice, argued the cause for appellee. With her on the brief was Anthony J. Steinmeyer, Assistant Director. Gerard Keating, Attorney, U.S. Department of Health & Human Services, and R. Craig Lawrence, Assistant U.S. Attorney, entered appearances.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

In these consolidated cases, two hospitals seek mandamus to compel the Secretary of Health and Human Services to reopen final Medicare reimbursement determinations regarding inpatient services provided by the hospitals. Concluding that the Secretary had no clear duty to reopen the payment decisions, the district court dismissed both cases for lack of mandamus jurisdiction. We agree with the district court on all counts and therefore affirm.<...

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