ABRAHAM LINCOLN MEMORIAL HOSP. v. SEBELIUS

No. 11-2809.

698 F.3d 536 (2012)

ABRAHAM LINCOLN MEMORIAL HOSPITAL, et al., Plaintiffs-Appellants, v. Kathleen SEBELIUS, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 16, 2012.


Attorney(s) appearing for the Case

Paul R. Bown , Attorney, Brown, Hay & Stephens, Springfield, IL, Thomas Wayne Coons (argued), Carel Theilgard Hedlund , Attorneys, Ober, Kaler, Grimes & Shriver, Baltimore, MD, for Plaintiffs-Appellants.

Peter R. Maier (argued), Attorney, Department of Justice, Civil Division, Appellate Staff, Washington, DC, for Defendant-Appellee.

Before MANION and WILLIAMS, Circuit Judges, and CASTILLO, District Judge.


CASTILLO, District Judge.

In a ruling constituting the final administrative decision of the Secretary of the Department of Health and Human Services ("HHS"), the Administrator of the Centers for Medicare and Medicaid Services ("CMS") disallowed the reimbursement of Medicare expenses to a group of Illinois hospitals for their 2004 and 2005 cost years. Specifically, the Administrator found that the amount of a tax assessment paid by the hospitals pursuant to an Illinois...

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