HHS Botched Hospital Merger Valuation, DC Circ. Told

Law360, Washington (February 11, 2014, 8:02 PM EST) -- The U.S. Department of Health and Human Services botched the appraisal of a hospital purchased by Catholic Healthcare West and wrongly declined to repay its Medicare liabilities after concluding that the transaction was not properly valued, Catholic Healthcare told the D.C. Circuit on Tuesday.

Catholic Healthcare attorney Jeffrey A. Lovitky said at oral arguments on Tuesday that Washington, D.C., federal judge Gladys Kessler wrongly granted the HHS summary judgment in a January 2013 opinion. Lovitky said the agency used an inappropriate cost methodology and excluded alternative...
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