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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.