HHS Is Too Stingy With Medicare Capital Rates, DC Circ. Told

Law360, Washington (March 14, 2014, 3:10 PM EDT) -- A group of Select Medical Corp. hospitals urged the D.C. Circuit on Friday to overturn a U.S. Department of Health and Human Services board's decision denying them a more favorable Medicare capital reimbursement rate, claiming the board engaged in unlawful rulemaking when it determined they weren't eligible new hospitals.

Although Select Medical maintains that it incurred extraordinary capital costs to renovate and lease facilities for more than two dozen new hospitals across the country, the HHS Provider Reimbursement Review Board determined new hospitals are only eligible...
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