Kingston Hospital v. Sebelius et al
| Kingston Hospital |
| Kathleen Sebelius and National Government Services Blue Cross / Blue Shield Association |
| 1:2009cv01303 |
| November 20, 2009 |
| US District Court for the Northern District of New York |
| Albany Office |
| Albany |
| Gary L. Sharpe |
| Randolph F. Treece |
| None |
| 42 U.S.C. ยง 1395 HHS: Adverse Reimbursement Review |
| None |
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Filing
32
MEMORANDUM-DECISION and ORDER - That Plaintiffs' 24 Motion for Summary Judgment is DENIED. That the Defendants' 27 Cross Motion for Summary Judgment is GRANTED in part and the Secretary's findings are AFFIRMED as to: 1. The valid ity of the Secretary's written agreement requirement in 42 C.F.R. 413.86(f)(4); 2. The lack of relief available to palintiffs under Section 713 of the Medicare Prescription Drug, Improvement and Modernization Act of 2003, Pub. L. No. 108-173. T hat the defendants' 27 cross motion for summary judgment is DENIED in part as tot he sufficiency of the April 26, 2011 agreement between Kingston and the Institute. That the action is remanded to the Secretary to answer the following question s: 1. Whether the April 26, 2001 agreement between Kingston and the Institute satisfied th written agreement requirement in 42 C.F.R. 413.86(f)(4). 2. Whether Kingston "incur[red] all or substantially all of the costs for the training program in the nonhospital setting in accordance with the definition of paragraph (b) of this section" as required to satisfy 42 C.F.R. 413.86(f)(4)(iii) for the period July 1, 2001 to December 31, 2001. That upon a final determination by the Secretar y on the question(s) presented on remand, Kingston Hospital may appeal the Secretary's decision, if it so chooses, in accordance with 42 U.S.C. 1395oo(f)(1). That the parties notify the court upon the Secretary's final determination on the question(s) presented on remand. That the Clerk terminate Benedictine Hospital as a party to this case. Signed by Judge Gary L. Sharpe on 12/8/2011. (jel, )
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