NAZARETH HOSPITAL et al v. SEBELIUS
Filing
95
ORDER THAT THE MOTION OF PLAINTIFFS NAZARETH HOSPITAL AND ST. AGNES MEDICAL CENTER FOR SUMMARY JUDGMENT IS GRANTED, AND THE UNITED STATES OF AMERICA'S CROSS-MOTION FOR SUMMARY JUDGMENT IS DENIED. THE DECISION OF DEFENDANT KATHLEEN SEBELIUS, SECR ETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, OF 9/11/2012, IS REVERSED, AND JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFFS AND AGAINST DEFENDANT, AS OUTLINED HEREIN. SIGNED BY HONORABLE EDMUND V. LUDWIG ON 4/8/2013. 4/8/2013 ENTERED AND COPIES E-MAILED.(md)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
NAZARETH HOSPITAL and
ST. AGNES MEDICAL CENTER
v.
KATHLEEN SEBELIUS, Secretary
Department of Health and Human Services
:
:
:
:
:
CIVIL ACTION
No. 10-3513
ORDER
AND NOW, this 8th day of April, 2013, the “Motion of Plaintiffs Nazareth Hospital
and St. Agnes Medical Center for Summary Judgment” (doc. no. 16) is granted, and the
“United States of America’s Cross-Motion for Summary Judgment” (doc. no. 21) is denied.
The decision of defendant Kathleen Sebelius, Secretary of the Department of Health and
Human Services, of September 11, 2012 (doc. no. 61), is reversed, and judgment is entered
in favor of plaintiffs and against defendant.
Consistent with the memorandum accompanying this order, defendant shall
recalculate the Medicare disproportionate share hospital adjustments owed plaintiffs for the
fiscal year ending December 31, 2002 under 42 U.S.C. § 1395ww(d)(5)(F)(vi). Adjustments
not previously made shall be remitted to plaintiffs, together with interest on those amounts
as calculated under 42 U.S.C. § 1395oo(f)(2).
BY THE COURT:
/s/ Edmund V. Ludwig
Edmund V. Ludwig, J.
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