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BEACON HEALTHCARE SERVICES, INC. v. LEAVITT

No. 09-56246.

629 F.3d 981 (2010)

BEACON HEALTHCARE SERVICES, INC., DBA Newport Bay Hospital, Plaintiff-Appellant, v. Mike LEAVITT, Secretary, United States Department of Health & Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 16, 2010.

Attorney(s) appearing for the Case

Richard J. Foster , Law Office of Richard J. Foster, Seal Beach, CA; Mark S. Kennedy , Kennedy Attorneys & Counselors at Law, Dallas, TX, for the appellant.

Andre Birotte, Jr. , Leon W. Weidman , and Russell W. Chittenden , United States Department of Justice, Civil Division, Los Angeles, CA, for the appellee.

Before: RAYMOND C. FISHER and JAY S. BYBEE, Circuit Judges, and EDWARD F. SHEA, District Judge.

OPINION

BYBEE, Circuit Judge:

Plaintiff-Appellant Beacon Healthcare Services, Inc., ("Beacon") appeals the district court's judgment affirming the Provider Reimbursement Review Board's ("PRRB") determination that it did not have jurisdiction to hear Beacon's appeal of a fiscal intermediary's decision; concluding on the merits that the Secretary of the U.S. Department of Health and Human Services ("Secretary") is not required by law to adjust Beacon's target...

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