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COVENANT MEDICAL CENTER, INC. v. SEBELIUS

Case No. 12-12901.

994 F.Supp.2d 862 (2014)

COVENANT MEDICAL CENTER, INC., Plaintiff, v. Kathleen SEBELIUS, Secretary of Health and Human Services, Defendant.

United States District Court, E.D. Michigan, Northern Division.

January 30, 2014.

Attorney(s) appearing for the Case

Arthur Thomas O'Reilly, Kenneth R. Marcus, Honigman, Miller, Detroit, MI, for Plaintiff.

Jonathan Brumer, U.S. Department of Health and Human Services, Washington, DC, Laura A. Sagolla, U.S. Attorney's Office, Detroit, MI, for Defendant.

OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

THOMAS L. LUDINGTON, District Judge.

This case presents a narrow question related to the Patient Protection and Affordable Care Act (ACA): Does § 5504(c) of the Act mandate the reopening of a hospital cost report concerning a period before the ACA's enactment because there was an appeal pending concerning that cost report when the ACA...

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