Memorial Hermann Hospital v. Kathleen Sebelius

E. GRADY JOLLY, Circuit Judge:

This appeal presents a question of Medicare reimbursement arising when Her-mann Hospital (“Hermann”) merged with Memorial Hospital System (“Memorial”), creating the Memorial Hermann Hospital System (“MHHS”). Following the merger, the Administrator for the Centers of Medicare and Medicaid Services (“Administrator”) denied MHHS’s request for a loss payment, pursuant to 42 C.F.R. § 413.134(Z), holding the merger was not a bona fide sale as required by statute; the district court agreed with these conclusions and dismissed MHHS’s case on summary judgment. MHHS now…