Cooper Univ. Hosp. v. Sebelius, No. 09–4095.
| Court | United States Courts of Appeals. United States Court of Appeals (3rd Circuit) |
| Citation | 636 F.3d 44 |
| Docket Number | No. 09–4095. |
| Parties | COOPER UNIVERSITY HOSPITAL, Appellantv.Kathleen SEBELIUS, Secretary, Department of Health and Human Services, Pursuant to F.R.A.P. 43(c). |
| Decision Date | 12 October 2010 |
636 F.3d 44
COOPER UNIVERSITY HOSPITAL, Appellant
v.
Kathleen SEBELIUS, Secretary, Department of Health and Human Services, Pursuant to F.R.A.P. 43(c).
No. 09–4095.
United States Court of Appeals, Third Circuit.
Argued: Sept. 15, 2010.Opinion Filed: Oct. 12, 2010.
Appeal from the United States District Court for the District of New Jersey (D.C. Civil No. 1–08–cv–03781), District Judge: Honorable Jerome B. Simandle.Mark H. Gallant, Esq. (Argued), Judy Wang Mayer, Esq., Cozen & O'Connor, Philadelphia, PA, Thomas McKay, III, Esq., Cozen & O'Connor, Cherry Hill, NJ, for Appellant.Anthony J. Steinmeyer, Esq. (Argued), August E. Flentje, Esq., United States Department of Justice, Washington, DC, David L. Hoskins, Esq., Department of Health & Human Services, Health Care Financing Division, Washington, DC, Elizabeth A. Pascal, Esq., Office of the United States Attorney, Camden, NJ, for Appellee.Before: SLOVITER, BARRY and SMITH, Circuit Judges.
Prior report: D.N.J., 686 F.Supp.2d 483.
Cooper University Hospital has appealed the grant of summary judgment in favor
[636 F.3d 45]
of Kathleen Sebelius, Secretary of the U.S. Department of Health and Human Services, in this very complex and very important matter. The case before the Hon. Jerome B. Simandle, and now the appeal before us, involved the amount of Medicare reimbursement that Cooper University Hospital—a hospital in Camden, New Jersey, with a large low-income patient population—receives from the federal government for serving a disproportionate share of low-income patients. Resolution of the difficult legal issue presented required an analysis of the interaction between, and the intersection of, the Medicare and Medicaid statutes, described by a sister court as being “among the most completely impenetrable texts within human experience.” Rehab. Ass'n of Va., Inc. v. Kozlowski, 42 F.3d 1444, 1450 (4th Cir.1994). Resolution of this issue will affect hospitals well beyond the one hospital party to this case.
We have carefully considered the record and the submissions of the parties, and have heard oral argument. We have paid particular attention to the patience and skill with which Judge Simandle has handled this case from its very inception until its conclusion, when he rendered an Opinion that thoughtfully, thoroughly, and articulately decided what had to be decided. We could not do it better, and we will not try. Suffice it to say, substantially for the...
To continue reading
Request your trial
-
Parra v. Pacificare of Ariz., Inc., No. 11–16069.
...case involves the Medicare Act, one of “the most completely impenetrable texts within human experience.” Cooper Univ. Hosp. v. Sebelius, 636 F.3d 44, 45 (3d Cir.2010) (internal quotation marks and citation [715 F.3d 1150]omitted). The issue is whether a private Medicare Advantage Organizati......
-
Nazareth Hosp. v. Sebelius, Civil Action No. 10–3513.
...(Act), 42 U.S.C. § 1395ww(d)(5)(F)(vi)—as to Nazareth, $250,751; St. Agnes, $312,520. This case is unlike Cooper Univ. Hosp. v. Sebelius, 636 F.3d 44 (3d Cir.2010). The substantive issue here is whether denial of Medicare DSH payments for services to specified low-income individuals under P......
-
Humana Med. Plan, Inc. v. Reale, No. 3D12–2883.
...human experience." E.g., Parra v. PacifiCare of Arizona, Inc., 715 F.3d 1146, 1149 (9th Cir.2013) (quoting Cooper Univ. Hosp. v. Sebelius, 636 F.3d 44, 45 (3d Cir.2010) ). Medicare benefits are divided into four parts: Part A, "Hospital Insurance Benefits for Aged and Disabled" (42 U.S.C. §......
-
Parra v. Pacificare of Ariz., Inc., No. 11-16069
...case involves the Medicare Act, one of "the most completely impenetrable texts within human experience." Cooper Univ. Hosp. v. Sebelius, 636 F.3d 44, 45 (3d Cir. 2010) (internal quotation marks and citation omitted). The issue is whether a private Medicare Advantage Organization ("MAO") pla......
-
Parra v. Pacificare of Ariz., Inc., No. 11–16069.
...case involves the Medicare Act, one of “the most completely impenetrable texts within human experience.” Cooper Univ. Hosp. v. Sebelius, 636 F.3d 44, 45 (3d Cir.2010) (internal quotation marks and citation [715 F.3d 1150]omitted). The issue is whether a private Medicare Advantage Organizati......
-
Nazareth Hosp. v. Sebelius, Civil Action No. 10–3513.
...(Act), 42 U.S.C. § 1395ww(d)(5)(F)(vi)—as to Nazareth, $250,751; St. Agnes, $312,520. This case is unlike Cooper Univ. Hosp. v. Sebelius, 636 F.3d 44 (3d Cir.2010). The substantive issue here is whether denial of Medicare DSH payments for services to specified low-income individuals under P......
-
Humana Med. Plan, Inc. v. Reale, No. 3D12–2883.
...human experience." E.g., Parra v. PacifiCare of Arizona, Inc., 715 F.3d 1146, 1149 (9th Cir.2013) (quoting Cooper Univ. Hosp. v. Sebelius, 636 F.3d 44, 45 (3d Cir.2010) ). Medicare benefits are divided into four parts: Part A, "Hospital Insurance Benefits for Aged and Disabled" (42 U.S.C. §......
-
Parra v. Pacificare of Ariz., Inc., No. 11-16069
...case involves the Medicare Act, one of "the most completely impenetrable texts within human experience." Cooper Univ. Hosp. v. Sebelius, 636 F.3d 44, 45 (3d Cir. 2010) (internal quotation marks and citation omitted). The issue is whether a private Medicare Advantage Organization ("MAO") pla......