French Hospital Medical Center v. Shalala

Opinion by Judge HAWKINS; Concurrence by Judge KOZINSKI.

OPINION

MICHAEL DALY HAWKINS, Circuit Judge:

This appeal requires us to decide whether a health care provider may seek administrative review of a Medicare cost limit formula, where the provider first challenged that formula in its revised notice of Medicare reimbursement, but had not challenged that same formula in its original notice of reimbursement. We hold that the cost limit formula is not within the scope of administrative review because that formula was not at issue in the revised notice of Medicare reimbursement.

I. BACKGROUND

A.…