Lion Health Services, Inc. v. Sebelius
Filing 30
Memorandum Opinion and Order: granting 14 Motion for Summary Judgment filed by Lion Health Services, Inc. For the reasons discussed in this opinion, 42 C.F.R. § 418.309(b) (1 is unlawful and is hereby, set aside. The Secretary is hereby enjoi ned from enforcing against plaintiff overpayment determinations calculated by use of 42 C.F.R. § 418.309(b) (1). The Secretary is hereby enjoined from using 42 C.F.R. § 418.309(b) (1) to calculate the maximum amount to be paid to plaintiff for hospice care, as contemplated by 42 U.S.C. § 1395f(i) (2), for any past, present, or future accounting year; The Secretary shall cause to be refunded to plaintiff all monies paid by plaintiff to the Medicare program pursuant to previously calculated repayment obligations for accounting years November I, 2005-0ctober 31, 2006, and November 2006-0ctober 31, 2007. See opinion for specifics. (Ordered by Judge John McBryde on 2/22/2010) (dld)
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