Legal Opinion

SUMMER HILL NURSING HOME LLC v. Sebelius

District Court, District of Columbia

Decided January 4, 2010No. Civil Action 08-268(RMC)PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION

ROSEMARY M. COLLYER, District Judge.

On March 25, 2009, 603 F.Supp.2d 35, the Court granted Summer Hill Nursing Home LLC summary judgment, finding the decision of the Secretary of the Department of Health and Human Services denying Summer Hill’s claim for Medicare reimbursement of “bad debts” to have been arbitrary and capricious under the Administrative Procedure Act (“APA”), 5 U.S.C. § 706(2)(A), because the Secretary failed to explain why Summer Hill’s belated submission of “remittance advices” from New Jersey Medicaid refusing to pay the debts was insufficient to…

2Cases cited13 opinions

  1. Pierce v. UnderwoodSupreme Court of the United States · 1988
  2. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
  3. Tourus Records, Inc. v. Drug Enforcement AdministrationCourt of Appeals for the D.C. Circuit · 2001
  4. Federal Election Commission v. Congressman Charles G. RoseCourt of Appeals for the D.C. Circuit · 1986
  5. F.J. Vollmer Company, Inc. v. John W. Magaw, Director, Bureau of Alcohol, Tobacco & Firearms, U.S. Department of the TreasuryCourt of Appeals for the D.C. Circuit · 1996

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3Cited by2 opinions

  1. CIC Services, LLC v. Internal Revenue ServiceDistrict Court, E.D. Tennessee · 2023
  2. Citizens for Responsibility and Ethics in Washington v. National Archives and Records AdministrationDistrict Court, District of Columbia · 2022

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