Albert Einstein Medical Center v. Sebelius

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Germantown Hospital and Medical Center (“Old Germantown”) submitted to the representative of the Secretary of Health and Human Services, the Centers for Medicare and Medicaid Services (“CMS” or “Administrator”), a reimbursement claim for loss on depreciable assets resulting from its 1997 statutory merger into Germantown Hospital and Community Health Services (“New Germantown”). The Administrator denied the claim because he found that the Old Germantown merger was between “related parties” and did not constitute a “bona fide sale.” Albert Einstein…