JEANES HOSPITAL v. THOMPSON

Filing 81

MEMORANDUM AND ORDER THAT PLAINTIFFS MOTION FOR SUMMARY JUDGMENT (DOC. 61) IS DENIED. DEFENDANTS CROSS MOTION FOR SUMMARY JUDGMENT (DOC. 67 & 68) ARE GRANTED. THE DECISION OF THE ADMINISTRATOR OF THE CENTERS FOR MEDICARE & MEDICAID SERVICES IN THE MA TTER OF JEANS HOSPITAL V WISCONSIN PHYSICIANS SERVICE (FORMERLY MUTUAL OF OMAHA INSURANCE COMPANY) DATED 7/24/09 IS HEREBY AFFIRMED. THE CLERK OF COURT IS DIRECTED TO MARK THIS CASE CLOSED.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/28/10. 9/30/10 ENTERED AND COPIES MAILED, E-MAILED.(rf, )

JEANES HOSPITAL v. THOMPSON

Doc. 81

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JEANES HOSPITAL, Plaintiff, v. KATHLEEN SEBELIUS, Secretary of Health and Human Services, Defendant. ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 04-cv-0395

ORDER AND NOW, this 28th day of September, 2010, upon review and consideration of Plaintiff's Motion for Summary Judgment [docket entry No. 61]; Defendant's Cross-Motion for Summary Judgment and Opposition to Plaintiff's Motion [docket entry Nos. 67 and 68]; Plaintiff's Response to Defendant's Cross Motion [docket entry No. 69], Defendant's Reply to Plaintiff's Response [docket entry No. 72]; Defendant's Notice of Supplemental Authority [docket entry No. 73]; Plaintiff's Response to Defendant's Notice of Supplemental Authority [docket entry No. 77], as well as the Administrative Record established below, and for the reasons set forth in the attached Memorandum Opinion, it is hereby ORDERED that: 1. 2. 3. Plaintiff's Motion for Summary Judgment is DENIED; Defendant's Cross-Motion for Summary Judgment is GRANTED; The decision of the Administrator of the Centers for Medicare & Medicaid Services

in the matter of Jeanes Hospital v. Wisconsin Physicians Service (formerly Mutual of Omaha Insurance Company)(Review of PRRB Decision No. 2009-D23), dated July 24, 2009, is hereby AFFIRMED.

Dockets.Justia.com

The Clerk of Court is DIRECTED to mark this case CLOSED. It is so ORDERED. BY THE COURT: /s/ Cynthia M. Rufe ___________________________ CYNTHIA M. RUFE, J.