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FOOTHILL HOSP. — MORRIS L. JOHNSTON MEM. v. LEAVITT

Civil Action No. 07-701(ESH).

558 F.Supp.2d 1 (2008)

FOOTHILL HOSPITAL—MORRIS L. JOHNSTON MEMORIAL, a California nonprofit corporation, d/b/a Foothill Presbyterian Hospital, Plaintiff, v. Michael O. LEAVITT, Secretary of the United States Department of Health and Human Services, Defendant.

United States District Court, District of Columbia.

May 30, 2008.

Attorney(s) appearing for the Case

John Robert Jacob, Akin Gump Strauss Hauer & Feld LLP, Washington, DC, for Plaintiff.

Christopher Blake Harwood, U.S. Attorney's Office, Linda L. Keyser, U.S. Department of Health and Human Services, Washington, DC, for Defendant.

MEMORANDUM OPINION

ELLEN SEGAL HUVELLE, District Judge.

Plaintiff is a Medicare provider seeking reimbursement for the unpaid debts of Medicare beneficiaries. Defendant denied plaintiffs reimbursement claims, ruling that the debts could not be deemed "uncollectible" under 42 C.F.R. § 413.89(e) because plaintiff had referred these bad debts to an outside collection agency. Plaintiff argues that...

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