Challenge to Secretary of Health and Human Services' Method for Calculating Medicare Reimbursements, and Criminal Matter - Criminal Law - U.S. Ninth Circuit
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Challenge to Secretary of Health and Human Services' Method for Calculating Medicare Reimbursements, and Criminal Matter

Providence Yakima Med. Ctr. v. Sebelius, No. 09-35266, involved an action brought by five not-for-profit hospitals, each recipients of Medicare direct graduate medical education payments for approved family medicine residency programs.  The court of appeals vacated the district court's order finding the Secretary's methodology for calculating the hospitals' base-year per resident amounts under 42 C.F.R. section 413.86(e)(4)(I) (1989) arbitrary and capricious, holding that, because the method was "ad hoc" and did not meet the requirements of 42 U.S.C. section 1395oo(f)(1), a grant of expedited judicial review was erroneous and the district court should not have determined it had jurisdiction.

In US v. Crews, No. 09-30183, the court of appeals affirmed defendant's sentence for being a felon in possession of a firearm, holding that defendant qualified as a career offender because: 1) the statute of defendant's prior conviction contemplated bodily harm to the victim as a prerequisite to conviction; and 2) subsection (1)(b) of Oregon's second-degree assault statute clearly involved "purposeful, violent, and aggressive conduct."

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