Lawrenceville Nursing Home, Inc. v. Schweiker

OPINION

DEBEVOISE, District Judge.

Plaintiff, Lawrenceville Nursing Home, Inc., brings this action pursuant to section 1878(f) of the Social Security Act, 42 U.S.C. § 1395oo, for review of a decision of the Provider Reimbursement Review Board denying reimbursement under the Medicare program, 42 U.S.C. § 1395, et seq. The Board decision from which plaintiff appeals upheld a determination by plaintiff’s fiscal intermediary, the Prudential Insurance Co., to: (a) recapture accelerated depreciation, and (b) disallow certain legal fees for which plaintiff had sought reimbursement.

I. Background

A.…