Hardy Wilson Memorial Hospital et al v. Leavitt

Filing 37

ORDER granting in part and denying in part 30 Motion for Entry of Judgment; finding as moot 31 Motion to Stay Case. Signed by Honorable David C. Bramlette, III on 4/5/2011 (nr)

Hardy Wilson Memorial Hospital et al v. Leavitt

Doc. 37

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION HARDY WILSON MEMORIAL HOSPITAL, et al., VERSUS

PLAINTIFFS CIVIL ACTION NO. 5:08-cv4-DCB-JMR

KATHLEEN SEBELIUS, Secretary, United States Department of Health and Human Services, et al., ORDER REMANDING CASE TO SECRETARY

DEFENDANTS

Upon consideration of Plaintiffs' Motion for Entry of Judgment [docket entry no. 30], the opinion of the Court of Appeals for the Fifth Circuit in this cause, and the parties' notification to the Court that they agree that this matter should be remanded: IT IS HEREBY ORDERED that Plaintiffs' Motion for Entry of Judgment [docket entry no. 30] is GRANTED IN PART and DENIED IN PART. IT IS FURTHER ORDERED that this matter is REMANDED to the Secretary for the purpose of recalculating Plaintiffs' payments for cost reporting periods coinciding with fiscal years 2003, 2004, and 2005 consistent with the above-referenced opinion of the Court of Appeals for the Fifth Circuit, Hardy Wilson Mem'l Hosp. v.

Sebelius, 616 F.3d 449 (5th Cir. 2009), and paying Plaintiffs, within 60 days of the date of this order, any additional monies due as a result of that recalculation plus interest calculated in accordance with 42 U.S.C. § 1395oo(f)(2) and any sums due under 42

Dockets.Justia.com

C.F.R. § 405.378.

The Secretary shall notify the Plaintiffs when

she instructs the Plaintiffs' Medicare Administrative Contractor to perform the recalculations and payments outlined above. IT IS FURTHER ORDERED that the parties shall notify this Court when the Secretary has paid the Plaintiffs pursuant to this Order, at which time this Court will enter a final judgment. time, this Court retains jurisdiction over this action. IT IS FURTHERED ORDERED that all other pending motions are MOOT. SO ORDERED, this the 5th day of April, 2011 At this

s/ David Bramlette UNITED STATES DISTRICT JUDGE