Legal Opinion

High Country Home Health, Inc. v. Thompson

Court of Appeals for the Tenth Circuit

Decided March 3, 2004No. 02-8096PublishedCited by 20 opinions

1Opinion of the Court

McCONNELL, Circuit Judge.

The question presented is whether it was arbitrary or capricious for a Medicare administrative tribunal to dismiss an appeal for failure to meet a filing deadline. We conclude that it was not, and affirm the judgment of the district court.

BACKGROUND

Petitioner, High Country Home Health, Inc. (“High Country”), is owned and operated by a husband-and-wife duo, Reed and Marilyn Pedrick. During fiscal years ending (“FYE”) in 1993, 1994, and 1995, Mr. Pedrick provided physical therapy services to Medicare-covered patients in their homes. In addition, he and his wife both…

2Cases cited4 opinions

  1. Bowen v. Georgetown University HospitalSupreme Court of the United States · 1988
  2. The EDGEWATER HOSPITAL, INC., Plaintiff-Appellee, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-AppellantCourt of Appeals for the Seventh Circuit · 1989
  3. Inova Alexandria Hospital v. Donna E. Shalala, Secretary,department of Health and Human ServicesCourt of Appeals for the Fourth Circuit · 2001
  4. Uhi, Inc., D/B/A University Hospital v. Tommy G. Thompson, Secretary of Health and Human ServicesCourt of Appeals for the Sixth Circuit · 2001

3Cited by20 opinions

  1. Sebelius v. Auburn Regional Medical CenterSupreme Court of the United States · 2013
  2. Finwall v. City of ChicagoDistrict Court, N.D. Illinois · 2006
  3. Baptist Memorial Hospital-Golden Triangle v. SebeliusCourt of Appeals for the D.C. Circuit · 2009
  4. Baptist Memorial Hospital-Golden Triangle v. LeavittDistrict Court, District of Columbia · 2008
  5. Kaiser Foundation Hospitals v. Michael O. LeavittCourt of Appeals for the Ninth Circuit · 2011

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