Saint Vincent Indianapolis Hospital v. Kathleen Sebelius ( 2015 )

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) . SAINT VINCENT INDIANAPOLIS ) SEP 2 g 2015 HOSPITAL, ) Clerk U 8 Districts. 3 - - - ankr ) Courts for the District of Colil‘riigi’a Plaintiff, ) ) v. ) Case No 1:13-cv-01768—RDM ) KATHLEEN SEBELIU S, SECRETARY, ) US. DEPARTMENT OF HEALTH AND ) HUMAN SERVICES ) ) Defendant. ) ) 93% Plaintiff Saint Vincent Hospital and Health Care Center, Inc, (“plaintiff”) filed suit against Defendant Kathleen Sebelius, Secretary of the Department of Health and Human Services (“defendant”), alleging agency error in limiting the scope of administrative review to issues identified by providers in cost reports under the Medicare program established by Title XVIII of the Social Security Act, as amended. Compl, ECF No. 1. Defendant filed an answer, generally denying all factual allegations and referring the Court to statute and relevant case law for interpretations of legal points raised in the complaint. Answer, ECF No. 11. Plaintiff then filed this motion for Summary Judgment. Mot. Summ. J ., ECF No. 17. Defendant filed a cross motion for summary judgment and memorandum in support of summary judgment and in opposition to plaintiff’s motion for summary judgment. Cross-Mot. Summ. J ., ECF No. 18, Mem. Supp. Mot. Summ. J Opp’n Pl.’s Mot. Summ. J., ECF No. 18-1. Plaintiff then filed a reply in opposition. Reply Opp’n Mot. Summ. J., ECF No. 20. Lastly, defendant filed a reply. Reply Opp’n. Mot. Summ. J. Combined Opp’n. Pl.’s Mot. Summ. 1., ECF No. 23. Upon consideration of the above referenced filings and for reasons given in the memorandum opinion issued this date, it is hereby: ORDERED that plaintiffs motion for summary judgment is denied; ORDERED that defendant’s cross-motion for summary judgment is granted; ORDERED that the Secretary’s final decision dismissing plaintiff’ s PRRB appeal for lack of jurisdiction is affirmed; and ORDERED that plaintiffs complaint is dismissed with prejudice. SO ORDERED. DATED: September 29, 2015 Royce C. Lamberth United States District Judge