Mercy Hospital & Medical Center v. Harris

FITZGERALD, District Judge.

Mercy Hospital (Mercy) is a provider of services under the Medicare Act. 42 U.S.C. §§ 1395-1395IT.1 Mercy appeals the district court’s grant of summary judgment affirming the Secretary’s denial of Mercy’s claims for partial reimbursement of deficits arising from operation of its outpatient clinic.

The district court’s jurisdiction was conferred by 42 U.S.C. § 1395oo(f) and the jurisdiction of this court is founded on 28 U.S.C. § 1291.

Mercy classified the operating deficit of its outpatient clinic as an educational expense because the clinic is operated primarily as…