Legal Opinion
Providence Health System-Washington v. Thompson
Court of Appeals for the Ninth Circuit
Decided December 17, 2003No. 02-35912PublishedCited by 5 opinions
1Opinion of the Court
OPINION
D.W. NELSON, Senior Circuit Judge:
The Secretary of Health and Human Services (Secretary) appeals the district court’s reversal of the Secretary’s decision to deny Providence Health System-Washington (Providence) a “new provider” exemption under 42 C.F.R. § 413.30(e) (1996). We hold that 42 C.F.R. § 413.30(e) is ambiguous. Because the Secretary’s interpretation that Providence is not entitled to a new provider exemption due to its acquisition of pre-existing bed rights from Summitview Manor (Summitview) is reasonable, it is therefore entitled to deference. Consequently, we reverse the…
2Cases cited7 opinions
- Thomas Jefferson University v. ShalalaSupreme Court of the United States · 1994
- Martin v. Occupational Safety & Health Review CommissionSupreme Court of the United States · 1991
- Health Insurance Ass'n of America, Inc. v. ShalalaCourt of Appeals for the D.C. Circuit · 1994
- South Shore Hospital, Inc. v. ThompsonCourt of Appeals for the First Circuit · 2002
- Jay Webster Janet Webster, Husband and Wife and the Marital Communitycomposed Thereof v. Public School Employees of Washington, Inc.Court of Appeals for the Ninth Circuit · 2001
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3Cited by5 opinions
- California Pacific Bank v. FdicCourt of Appeals for the Ninth Circuit · 2018
- Pearsall v. Tribal Council for the Confederated Tribes of the Grand Ronde CommunityGrand Ronde Court of Appeals · 2004
- Villegas v. the Pep Boys Manny Moe & Jack of Cal.District Court, C.D. California · 2008
- Providence Health System-Washington v. ThompsonCourt of Appeals for the Ninth Circuit · 2003
- Hong v. MukaseyCourt of Appeals for the Ninth Circuit · 2008