Legal Opinion

St. Francis Hospital v. Sebelius

District Court, E.D. New York

Decided June 5, 2012No. 09 CY 1528(DRH)(AKT)PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM & ORDER

HURLEY, District Judge:

Plaintiff brings this action for judicial review of certain administrative determinations issued by defendant in her capacity as Secretary of Health and Human Services, which resulted in the recoupment of approximately $1.2 million in Medicare reimbursements from plaintiff. Presently before the Court is defendant’s motion to dismiss the complaint pursuant to Fed. R.Civ.P. 12(b)(1) for lack of subject matter jurisdiction. For the reasons stated below, defendant’s motion is denied.

BACKGROUND

Plaintiff, a hospital located in Roslyn, New York, regularly…

2Cases cited17 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Califano v. SandersSupreme Court of the United States · 1977
  3. Bowen v. City of New YorkSupreme Court of the United States · 1986
  4. Natalia Makarova v. United StatesCourt of Appeals for the Second Circuit · 2000
  5. Weinberger v. SalfiSupreme Court of the United States · 1975

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3Cited by6 opinions

  1. Grice v. ColvinDistrict Court, D. Maryland · 2015
  2. St. Francis Hospital v. SebeliusDistrict Court, E.D. New York · 2014
  3. First United Methodist Church v. BecerraDistrict Court, D. Nebraska · 2022
  4. Integrity Social Work Services, LCSW, LLC v. AZARDistrict Court, E.D. New York · 2021
  5. Patricia L. Carlin et al. v. United Healthcare Insurance Company of New York, Inc. et al.District Court, S.D. New York · 2025

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