Memorial Hermann Hospital v. Kathleen Sebelius

REVISED JULY 18, 2013 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 12-20654 July 12, 2013 Lyle W. Cayce Clerk MEMORIAL HERMANN HOSPITAL, Plaintiff - Appellant v. KATHLEEN SEBELIUS, SECRETARY, DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant - Appellee Appeal from the United States District Court for the Southern District of Texas Before JOLLY, DAVIS, and PRADO, Circuit Judges. E. GRADY JOLLY, Circuit Judge: This appeal presents a question of Medicare reimbursement arising when Hermann Hospital (“Hermann”) merged with…