GEISINGER CMTY. MED. CTR. v. HEALTH & HUMAN SERVS.

No. 15-1202.

794 F.3d 383 (2015)

GEISINGER COMMUNITY MEDICAL CENTER, Appellant v. SECRETARY UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; Marilyn Tavenner, Administrator, Centers for Medicare and Medicaid Services; Robert G. Eaton, Chairman, Medicare Geographic Classification Review Board.

United States Court of Appeals, Third Circuit.

Filed July 23, 2015.


Attorney(s) appearing for the Case

Mary Kay Brown, Esq. , Brown Wynn McGarry Nimeroff, Philadelphia, PA, Joseph D. Glazer, Esq. , (Argued), Princeton, NJ, Counsel for Appellant.

Kate L. Mershimer, Esq. , D. Brian Simpson, Esq. , Office of United States Attorney, Harrisburg, PA, Tara S. Morrissey, Esq. , (Argued), Michael S. Raab, Esq. , United States Department of Justice, Washington, DC, Counsel for Appellees.

Before: FISHER, CHAGARES and COWEN, Circuit Judges.


OPINION OF THE COURT

Hospitals that are disadvantaged by their geographic location may reclassify to a different wage index area for certain Medicare reimbursement purposes by applying for redesignation to the Medicare Geographic Classification Review Board ("Board"). Section 401 of the Medicare, Medicaid, and SCHIP...

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