SAINT MARYS HOSP. OF ROCHESTER, MINN. v. LEAVITT

No. 07-2546.

535 F.3d 802 (2008)

SAINT MARYS HOSPITAL OF ROCHESTER, MINNESOTA, Appellant, v. Michael O. LEAVITT, in his official capacity as Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 28, 2008.


Attorney(s) appearing for the Case

David Matthew Glaser, argued, Minneapolis, MN (Dulce Jo Foster, on the brief), for appellant.

Jennifer Rae Frier, argued, U.S. Dept. of Health and Human Services, Chicago, IL (Robyn A. Millenacker, AUSA, Minneapolis, MN, on the brief), for appellee.

Before BYE, SMITH, and COLLOTON, Circuit Judges.


SMITH, Circuit Judge.

After having its Medicare-reimbursement-adjustment request denied as untimely by the Administrator of the Centers for Medicare and Medicaid Services (CMS),1 Saint Marys Hospital of Rochester, Minnesota ("Saint Marys") sought judicial review of the final administrative decision2 by commencing a civil action in the district court against Michael Leavitt, in his official capacity as the Secretary...

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