ALBERT EINSTEIN MEDICAL CENTER v. SEBELIUS

No. 07-3807.

566 F.3d 368 (2009)

ALBERT EINSTEIN MEDICAL CENTER, Successor in Interest to Germantown Hospital and Medical Center, Inc., Appellant v. † Kathleen SEBELIUS, Secretary of the United States Department of Health & Human Services. († Kathleen Sebelius is substituted for her predecessor Michael O. Leavitt, as Secretary of the United States Department of Health & Human Services, pursuant to Fed. R.App. P. 43(c)(2)).

United States Court of Appeals, Third Circuit.

Filed May 22, 2009.


Attorney(s) appearing for the Case

Carel T. Hedlund (Argued), Ober, Kaler, Grimes & Shriver, Baltimore, MD, for Appellant.

Joel L. McElvain (Argued), United States Department of Justice, Civil Division, San Francisco, CA, Michael S. Raab, United States Department of Justice, Washington, DC, for Appellee.

Before: SLOVITER, STAPLETON and TASHIMA, Circuit Judges.


OPINION OF THE COURT

SLOVITER, Circuit Judge.

Germantown Hospital and Medical Center ("Old Germantown") submitted to the representative of the Secretary of Health and Human Services, the Centers for Medicare and Medicaid Services ("CMS" or "Administrator"), a reimbursement claim for loss on depreciable assets resulting from its 1997 statutory merger into Germantown Hospital and Community Health Services ("New Germantown"). The Administrator denied the claim...

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