Bradley Memorial Hospital v. Leavitt

MEMORANDUM OPINION

EMMET G. SULLIVAN, District Judge.

Twenty-seven plaintiff hospitals (“Plaintiffs”) are providers of Medicare services in Connecticut. Plaintiffs seek a writ of mandamus from this Court compelling the Secretary of Health and Human Services (“Secretary” or “Defendant”), either directly or through his intermediaries, to reopen Plaintiffs’ cost reports submitted for reimbursement in the years 1994, 1995, and 1996. Plaintiffs claim that Defendant owes them a clear, nondiscretionary duty to reclassify payments made by Plaintiffs under Connecticut’s now-defunct “gross earnings tax”…