BAPTIST MEMORIAL HOSP. v. JOHNSON

Civil Action No. 02-1919 (PLF).

603 F.Supp.2d 40 (2009)

BAPTIST MEMORIAL HOSPITAL, Plaintiff, v. Charles E. JOHNSON, Acting Secretary, United States Department of Health and Human Services, Defendant.

United States District Court, District of Columbia.

March 25, 2009.


Attorney(s) appearing for the Case

Kenneth R. Marcus, Honigman Miller Schwartz and Cohn L.L.P., Detroit, MI, Leslie David Alderman, III, Alderman, Devorsetz & Hora PLLC, Washington, DC, for Plaintiff.

Gerard Keating, U.S. Department of Health & Human Services, Office of the General Counsel, Peter Bryce, U.S. Department of Justice, Washington, DC, for Defendants.


OPINION

PAUL L. FRIEDMAN, District Judge.

Plaintiff hospital brings suit for declaratory and injunctive relief in the nature of mandamus, asking the Court to compel defendant, the Secretary of Health and Human Services, through the Centers for Medicare and Medicaid Services ("CMS") to reopen a final payment decision issued by the Secretary's payment agent and to recalculate the Secretary's reimbursement of plaintiff for services it rendered to indigent...

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