Sun Towers, Inc., a Texas Corporation v. Richard S. Schweiker, Secretary of Health and Human Services

TATE, Circuit Judge:

The plaintiff Sun Towers, Inc. (Sun Towers) appeals from the district court’s grant of summary judgment in favor of the defendant Secretary of Health and Human Services (Secretary) after judicial review of the administrative record in the case. The issue was whether the plaintiff, a corporation that operates a hospital in El Paso, Texas, was entitled to additional per diem patient care allotments made to Medicare providers under 42 C.F.R. § 405.452(d)(10). 1 Separate accounting and expense reimbursement on a per diem basis for Medicare patient-incurred costs are available…