Chw West Bay, Dba Seton Medical Center v. Tommy g.thompson, Secretary of Health and Human Services

GOODWIN, Circuit Judge:

Appellant CHW West Bay, dba Seton Medical Center (“Seton”) appeals a summary judgment in favor of Shalala, the Secretary of Health and Human Services (“Secretary”). Seton asserts that the fiscal intermediary and Appellee acted improperly by failing to grant it an incentive payment for successfully keeping its operation costs for the Fiscal Year Ending (“FYE”) June 30, 1984 below the year-to-year cost rate of increase ceiling established by the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), 42 U.S.C. § 1395ww(b). Under TEFRA, the Secretary must (1) grant…