· 12/11/2002
Clark Regional Medical Center Pattie A. Clay Hospital v. United States Department of Health and Human Services
Citations
- 314 F.3d 241
- 2002 U.S. App. LEXIS 25258
- 2002 WL 31757426
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the Department of Health and Human Service’s denial of Medicare reimbursement, in violation of the agency’s own regulations, was arbitrary and capricious
- rejecting the Department's interpretation of another DSH regulatory provision as applied to swing beds on the basis that the Department's interpretation was contrary to the regulation's plain language
- rejecting the Department’s interpretation of another DSH regulatory provision as applied to swing beds on the basis that the Department’s interpretation was contrary to the regulation’s plain lan guage
- “Having clearly coordinated the counting of beds for both the IME and DSH programs, the Department cannot simply interpret the regulation to vary so as to always disadvantage the subject hospital.”
- rejecting “attempt to distinguish between a ‘bed’ and an ‘available bed day’”
- “The PRM is ‘the prototypical example of an interpretive rule issued by an agency to advise the public of the agency’s construction of the statutes and rules which it administers.’ ”
Source: CourtListener parenthetical corpus (CC0).
Judges: Boggs, Cole, Bell
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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