Vermilion Behavioral Health Center v. Sebelius

Filing 34

MEMORANDUM RULING re 19 MOTION for Summary Judgment filed by Kathleen Sebelius, 21 Memorandum in Opposition to Motion filed by Vermilion Behavioral Health Center L L C are GRANTED IN PART and DENIED IN PART. Specifically, plaintiff's claims for reimbursement on behalf of beneficiaries E.T., B.P and P.A are REMANDED to the court below to address the guidance contained in the Medicare Benefit Policy Manual in effect during the pertient time frame. With regard to beneficiary J.D. and the FI sampling methodology and extrapolation calculations, the decision of the Secretary is AFFIRMED. Signed by Judge Rebecca F Doherty on 1/4/2012. (crt,Guidry, C)

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