Foothill Presbyterian Hospital v. Shalala

SILVERMAN, Circuit Judge:

At issue in this case is Foothill Presbyterian Hospital’s reimbursement from Medicare for inpatient hospital services for fiscal year 1983. The Hospital argues that the district court erred in holding that its 1992 request for an exception to its 1983 target rate limit under 42 U.S.C. § 1395ww(b)(4)(A) and 42 C.F.R. § 413.40(e) was untimely. Although the Hospital’s target rate limit was revised in the second revised notice of program reimbursement (“NPR”) in 1991, the revision was based solely on malpractice insurance costs and wholly unrelated to the Hospital’s…