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KAISER FOUNDATION HOSPITALS v. SEBELIUS

No. 09-56200.

649 F.3d 1153 (2011)

KAISER FOUNDATION HOSPITALS, a California Nonprofit Public Benefit Corporation, dba Kaiser Foundation Hospital-Anaheim, Plaintiff-Appellant, v. Kathleen SEBELIUS, Secretary of the United States Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 15, 2011.

Attorney(s) appearing for the Case

Jordan B. Keville (argued), Jon P. Neustadter and Nina N. Adatia ; Hooper, Lundy, & Bookman, Inc., Los Angeles, CA, for appellant Kaiser Foundation Hospitals.

Russell W. Chittenden (argued), Leon W. Weidman and Indira Joy Cameron-Banks ; Assistant United States Attorneys, Los Angeles, CA, for appellee Kathleen Sebelius, Secretary of the United States Department of Health and Human Services.

Opinion by Judge RAWLINSON; Dissent by Judge ZOUHARY.

OPINION

RAWLINSON, Circuit Judge:

Kaiser Foundation Hospital-Anaheim (Kaiser), a medicare provider, appealed its notice of program reimbursement for the fiscal year ending in 2001 to the Provider Reimbursement Review Board (PRRB or Board), which dismissed the appeal because Kaiser missed its deadline to file a preliminary position paper. After the Board denied Kaiser's motion for reinstatement of its appeal...

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