Graham Hospital Ass'n v. Sullivan

ORDER

MIHM, Chief Judge.

Pending before the Court is Plaintiffs Motion for Summary Judgment and Defendants’ Cross-Motion for Summary Judgment. For the reasons set forth below, Plaintiffs Motion for Summary Judgment is granted and Defendants’ Motion for Summary Judgment is denied.

FACTUAL BACKGROUND

Plaintiff, Graham Hospital Association (“Graham”), participates as a fully qualified provider of hospital services and skilled nursing services under the Federal Health Insurance Program for the Aged and Disabled, (“Medicare Program”). See 42 U.S.C. § 1395 et seq. The Medicare Program provides certain…