· 12/7/2007
Via Christi Regional Medical Center, Inc. v. Leavitt
Citations
- 509 F.3d 1259
- 2007 U.S. App. LEXIS 28457
- 2007 WL 4285165
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that “the ‘bona fide sale’ requirement is a reasonable construction” of the Medicare regulations governing consolidating providers
- concluding that “the ‘bona fide sale’ requirement is a reasonable construction” of the Medicare regulations governing consolidating providers
- concluding that only the bona fide sale provision could apply in a consolidation case
- noting the discrepancy between the two provisions and concluding that the absence of any reference to depreciation adjustment payments in § 413.134(l)(3) would support an interpretation “precluding any adjustment to depreciation payments for providers that consolidate”
- “In the ‘bona fide sale’ context, the reasonable consideration inquiry involves determining whether the provider received fair market value for its assets.”
- “both the ‘plain language’ and the ‘indications of the Secretary’s intent at the time of the regulation’s promulgation’ preclude the Secretary’s current interpretation of [the regulation]”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kelly, Baldock, Briscoe
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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