Robert F. Kennedy Medical Center v. Leavitt

GOODWIN, Circuit Judge:

Robert F. Kennedy Medical Center (“RFK”) appeals the district court’s summary judgment, which affirmed the denial of RFK’s Medicare reimbursement request by the Secretary of Health and Human Services (“Secretary”). RFK contends that the Secretary must reimburse it for depreciation losses resulting from its disposal of assets through a statutory merger. The district court held that RFK is not eligible for reimbursement because this merger did not qualify as a “bona fide sale” under 42 C.F.R. § 413.134(f). We agree, and affirm the judgment.

I

Title XVTII of the Social…