Binghamton General Hospital v. Shalala

OPINION

SAND, J.

This action presents us with an issue arising under the Medicare statute which has not previously been addressed by the courts of this circuit, and on which other circuits are split: whether the refusal of a “fiscal intermediary” to reopen a Medicare service provider’s cost report is judicially or administratively reviewable. 1 We hold that it is not.

The action is brought by fifteen New York hospitals (the “hospitals”) that provide services under the Medicare program against the Secretary of Health and Human Services (the “Secretary”) and Empire Blue Cross and Blue Shield…