Saint Francis Medical Center v. Alex M. Azar II

Concurring opinion filed by Circuit Judge Kavanaugh.

Katsas, Circuit Judge:

In 2013, the Secretary of Health and Human Services promulgated a regulation that bars hospitals from seeking additional Medicare payments by challenging factual determinations that are relevant to the payment year at issue, but that were made many years earlier. By its terms, the 2013 regulation applies only to reopenings, which are proceedings through which various administrative actors within HHS may reconsider their own prior decisions. We consider whether the regulation also applies to appeals from one set of…