In an action claiming that the Secretary of Health and Human Services improperly excluded the labor costs of certain types of hospitals from her calculation of Medicare reimbursements due to plaintiffs, summary judgment for plaintiffs is reversed where the Secretary's exclusion of the costs was based on a reasonable interpretation of her statutory authority.
Argued May 8, 2009
Decided September 11, 2009
Opinion by Judge Griffith
Mark B. Stern, Attorney, U.S. Department of Justice, Washington, DC
Kelly M. Falls, McDermott Will & Emery LLP, Washington, DC