MAINE MEDICAL CENTER et al v. SEBELIUS

Filing 39

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE re 26 Report and Recommended Decision. By JUDGE NANCY TORRESEN. (dfr)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE

MAINE MEDICAL CENTER, et al.,

)
)
Plaintiffs,
)
)
v.
)
)
KATHLEEN SEBELIUS, Secretary, U.S. )
Department of Health and Human Services, )
Defendant.
)

Civil No. 2:13-cv-00309-NT

ORDER AFFIRMING THE
RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
The United States Magistrate Judge filed with the Court on August 10, 2014, his
Recommended Decision (ECF No. 26).

The Plaintiffs filed their Objection to the

Recommended Decision (ECF No. 32) on August 29, 2014. The Defendant also filed her
Objection to the Recommended Decision (ECF No. 33) on August 29, 2014. The
Plaintiffs filed their Response to the Defendant’s objections (ECF No. 36) on September
12, 2014.
I have reviewed and considered the Magistrate Judge's Recommended Decision,
together with the entire record; I have made a de novo determination of all matters
adjudicated by the Magistrate Judge's Recommended Decision; and I concur with the
recommendations of the United States Magistrate Judge for the reasons set forth in his
Recommended Decision, and determine that no further proceeding is necessary. It is
therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby
AFFIRMED.

1.

It is further ORDERED that the Plaintiffs’ motion for judgment be
GRANTED as to the cost reports for which the Provider Reimbursement
Review Board found that the notices provided to specific Plaintiffs were
inadequate and as to the cost reports for providers and years covered by
written settlement agreements entered into by individual providers and the
Fiscal Intermediary, and otherwise DENIED.

2.

It is further ORDERED that the Defendant’s motion for judgment be
GRANTED as to all other Plaintiffs and cost years included in the
Defendant’s decision under review in this case, and otherwise DENIED.

SO ORDERED.
/s/ Nancy Torresen
UNITED STATES DISTRICT JUDGE

Dated this 30th day of September, 2014.

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