BORGESS MEDICAL CENTER v. BURWELL

No. 13-5330.

843 F.3d 497 (2016)

BORGESS MEDICAL CENTER, A Michigan Nonprofit Corporation, and Bronson Methodist Hospital, A Michigan Nonprofit Corporation, Appellants v. Sylvia Mathews BURWELL, Secretary of the United States Department of Health and Human Services, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided December 9, 2016.


Attorney(s) appearing for the Case

Geoffrey M. Raux , Boston, MA, argued the cause for appellants. With him on the briefs was Lori A. Rubin , Washington, DC.

Samantha L. Chaifetz , Attorney, U.S. Department of Justice, argued the cause for appellee. On the brief were Benjamin C. Mizer , Principal Deputy Assistant Attorney General, and Michael S. Raab and Henry C. Whitaker , Attorneys.

Before: Tatel, Brown and Kavanaugh, Circuit Judges.


Appellants are two hospitals challenging the denial of reimbursements for the offsite training expenses of their medical residents for several cost reporting periods between 2000 and 2004 by the Secretary of the Department of Health and Human Services ("Secretary"). They argue the Secretary erroneously held they failed to comply...

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