La Casa Del Convaleciente v. Sullivan

BOWNES, Senior Circuit Judge.

This appeal stems from the implementation by appellee, the Secretary of Health and Human Services (“Secretary”), of a new reimbursement system to suppliers of durable medical equipment (“DME”) pursuant to the Omnibus Budget Reconciliation Act of 1987, 101 Stat. 1330 (1987) (codified as amended at 42 U.S.C. § 1395m) (“OBRA 87”). Appellants1 are suppliers of DME located in Puerto Rico. Because the material facts were not in dispute, the case was submitted on cross motions for summary judgment. The district court held, inter alia, that: (1) the regulations issued by…