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Jeanes Hospital v. Sibelius

September 28, 2010

JEANES HOSPITAL, PLAINTIFF,
v.
KATHLEEN SEBELIUS, SECRETARY OF HEALTH AND HUMAN SERVICES, DEFENDANT.



The opinion of the court was delivered by: Cynthia M. Rufe, J.

ORDER

AND NOW, this 28th day of September, 2010, upon review and consideration of Plaintiff's Motion for Summary Judgment [docket entry No. 61]; Defendant's Cross-Motion for Summary Judgment and Opposition to Plaintiff's Motion [docket entry Nos. 67 and 68]; Plaintiff's Response to Defendant's Cross Motion [docket entry No. 69], Defendant's Reply to Plaintiff's Response [docket entry No. 72]; Defendant's Notice of Supplemental Authority [docket entry No. 73]; Plaintiff's Response to Defendant's Notice of Supplemental Authority [docket entry No. 77], as well as the Administrative Record established below, and for the reasons set forth in the attached Memorandum Opinion, it is hereby ORDERED that:

1. Plaintiff's Motion for Summary Judgment is DENIED;

2. Defendant's Cross-Motion for Summary Judgment is GRANTED;

3. The decision of the Administrator of the Centers for Medicare & Medicaid Services in the matter of Jeanes Hospital v. Wisconsin Physicians Service (formerly Mutual of Omaha Insurance Company)(Review of PRRB Decision No. 2009-D23), dated July 24, 2009, is hereby AFFIRMED.

The Clerk of Court is DIRECTED to mark this case CLOSED.

It is so ORDERED.

20100928

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