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PINNACLE HEALTH HOSPITALS v. SEBELIUS

Nos. 10-5279, 10-5277.

681 F.3d 424 (2012)

PINNACLE HEALTH HOSPITALS, as successor-in-interest to Harrisburg Hospital, Seidle Memorial Hospital, and Polyclinic Medical Center, Appellant v. Kathleen SEBELIUS, as Secretary of Health and Human Services, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 5, 2012.

Attorney(s) appearing for the Case

Robert E. Mazer was on the briefs for appellant.

Tony West , Assistant Attorney General, U.S. Department of Justice, Ronald C. Machen Jr. , U.S. Attorney, Michael Raab and Joel McElvain , Attorneys, William B. Schultz , Acting General Counsel, U.S. Department of Health and Human Services, Janice Hoffman , Associate General Counsel, Mark D. Polston , Deputy Associate General Counsel for Litigation, and Jonathan C. Brumer, Attorney, were on the brief for appellee. R. Craig Lawrence , Assistant U.S. Attorney, and David S. Cade , Attorney, U.S. Department of Health and Human Services, entered appearances.

Opinion for the Court by Circuit Judge BROWN.

BROWN, Circuit Judge:

In 1995, two non-profit hospitals in Pennsylvania consolidated to form Pinnacle Health Hospitals. Pinnacle subsequently submitted a Medicare reimbursement claim for the losses the hospitals had incurred through the sale of their depreciable assets in the consolidation. The Administrator of the Centers for Medicare and Medicaid Services denied Pinnacle's claim, and that order became the final decision of the Secretary of Health and Human Services...

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