No. 10-5163.

657 F.3d 1 (2011)

NORTHEAST HOSPITAL CORPORATION, Appellee v. Kathleen SEBELIUS, Secretary, United States Department of Health and Human Services, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided September 13, 2011.

Attorney(s) appearing for the Case

Stephanie R. Marcus , Attorney, U.S. Department of Justice, argued the cause for appellant. On the briefs were Ronald C. Machen Jr. , U.S. Attorney, Anthony J. Steinmeyer , Assistant Director, and Jeffrica Jenkins Lee , Attorney.

Christopher L. Keough argued the cause for appellee. With him on the brief were J. Harold Richards and John M. Faust .

John R. Jacob was on the brief for amicus curiae HCA, Inc., in support of appellee.

Opinion concurring in the judgment filed by Circuit Judge KAVANAUGH.

GRIFFITH, Circuit Judge:

In a 2008 administrative appeal, the Secretary of Health and Human Services ruled that a Medicare beneficiary enrolled in Medicare Part C still qualifies as a person "entitled to benefits" under Medicare Part A. As a result, Beverly Hospital in Beverly, Massachusetts, received a smaller reimbursement from the Secretary for services it provided to low-income Medicare beneficiaries during fiscal years 1999-2002. The district court granted summary...


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