Beacon Healthcare Servs., Inc. v. Leavitt, No. 09-56246 - U.S. Ninth Circuit
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Beacon Healthcare Servs., Inc. v. Leavitt, No. 09-56246

Provider Reimbursement Review Board Order Affirmed

In Beacon Healthcare Servs., Inc. v. Leavitt, No. 09-56246, a healthcare provider's appeal from the district court's judgment affirming the Provider Reimbursement Review Board's (PRRB) determination that it did not have jurisdiction to hear plaintiff's appeal of a fiscal intermediary's decision, and concluding on the merits that the Secretary of the U.S. Department of Health and Human Services (Secretary) was not required by law to adjust plaintiff's target Tax Equity and Fiscal Responsibility Act (TEFRA) costs and dismissing plaintiff's remaining claims, the court affirmed where 1) because plaintiff did not experience an increase in operating costs beyond the TEFRA ceiling, the district court correctly determined that plaintiff was not eligible for a TEFRA target cost adjustment under 42 U.S.C. section 413.40(g)(1)(iii); and 2) plaintiff was barred from joining the claims it did not bring before the PRRB to its appeal of the agency's final decision.

 

As the court wrote:  "Plaintiff-Appellant Beacon Healthcare Services, Inc., ("Beacon") appeals the district court's judgment affirming the Provider Reimbursement Review Board's ("PRRB") determination that it did not have jurisdiction to hear Beacon's appeal of a fiscal intermediary's decision; concluding on the merits that the Secretary of the U.S. Department of Health and Human Services ("Secretary") is not required by law to adjust Beacon's target TEFRA costs; and dismissing Beacon's remaining claims."

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