Manakee Professional Medical Transfer Service, Inc. v. Shalala

71 F.3d 574, 1995 U.S. App. LEXIS 34742
CourtCourt of Appeals for the Sixth Circuit
DecidedDecember 12, 1995
DocketNo. 94-6274
StatusPublished
Cited by5 cases

This text of 71 F.3d 574 (Manakee Professional Medical Transfer Service, Inc. v. Shalala) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Manakee Professional Medical Transfer Service, Inc. v. Shalala, 71 F.3d 574, 1995 U.S. App. LEXIS 34742 (6th Cir. 1995).

Opinion

CONTIE, Circuit Judge.

Plaintiffs-appellants, Manakee Professional Medical Transfer Service, Inc., Con-Care Medical Transport, and Action Delivery Service, doing business as Medical Transportation Service [hereinafter, “plaintiffs” or “the companies”] appeal the order of the district court dismissing, for failure to exhaust administrative remedies, their complaint against defendants-appellees, Donna E. Sha-lala, in her capacity as Secretary of Health and Human Services; Bruce Vladek in his capacity as administrator, Health Care Financing Administration; Clarence J. Boone, in his capacity as Region IV administrator, Health Care Financing Administration; and Health Care Financing Administration [hereinafter, “defendants” or “the Secretary”] in this action seeking Medicare payments for their provision of non-emergency health transportation services. For the following reasons, the decision of the Secretary is affirmed.

I.

Plaintiffs are three ambulance providers in the state of Kentucky, who are bringing this appeal for judicial review of the Secretary’s decision that they are not entitled to Part B reimbursement from Medicare for providing non-emergency health transportation services to Medicare enrollees. The district court held that judicial review of the Secretary’s denial of benefits was precluded because plaintiffs failed to exhaust their administrative remedies.

For the past several years, plaintiffs have provided transportation services to sick, injured, or otherwise incapacitated persons, including Medicare enrollees, to and from health care facilities when other methods of transportation were not advisable. The transportation companies obtained licenses [576]*576from the state of Kentucky, specifying that the individual companies could provide non-emergency health transportation [hereinafter, “NEHT”] services. The transportation companies also obtained a certificate of need for such services, and Medicare issued provider numbers to the companies, allowing them to bill Medicare for medically necessary, health-related transportation of Medicare beneficiaries.

After several years of rendering non-emergency health transportation to sick or injured Medicare patients to and from health care facilities and being reimbursed by Medicare, the companies were notified in April and May 1994 that Medicare would no longer pay for these services because the companies’ vehicles were not equipped with lights, sirens, and portable communication equipment. The companies installed the equipment required by Medicare, and Medicare resumed payments.

In June 1994, Medicare notified the companies that it would no longer approve payments for the provision of the companies’ non-emergency health transportation services by sending them a letter, which stated in relevant part:

Dear Provider:
In accordance with health care financing administration (HCFA) Medicare guidelines, this office has received instructions regarding those ambulance services performed by vehicles licensed as non-emergency health transportation (NEHT). Such vehicles do not meet Medicare requirements. Therefore, services rendered by those vehicles are not approved by this office.
The regulations at 42 CFR § 410.40(a)(2) state that the ambulance has to be equipped as required by state law. This requirement is not necessarily satisfied if the vehicle simply has the same type of lifesaving equipment required by state or local laws. The requirement also means that a vehicle must have the same quantity of lifesaving equipment required by the state to be classified as an advanced life support (ALS) or basic life support (BLS). The state’s licensing designation is definitive in determining the vehicle classification. The ambulance operator’s statement is not the deciding factor. What is essential to the Medicare coverage decision is how the state licenses the vehicles.

Plaintiffs’ vehicles did not have the necessary lifesaving equipment required by Kentucky state law pursuant to 902 KAR § 20.117 in order to be licensed as advanced life support (ALS) or basic life support (BLS). Because plaintiffs’ vehicles did not contain the lifesaving equipment needed to obtain a Kentucky ALS or BLS license, plaintiffs were not licensed to provide emergency services under state law. The federal regulation at 42 CFR § 410.40(a)(2) states that ambulance services are reimbursable by Medicare if the ambulance contains “lifesaving equipment required by state ... laws.” The Secretary determined that “implicit in the term ‘lifesaving ’ is the requirement that an ambulance be capable and authorized to provide emergency services.” Because plaintiffs were not licensed to provide emergency services, the Secretary concluded that plaintiffs’ vehicles did not contain the lifesaving equipment required by Kentucky state law to qualify as ambulances for Medicare reimbursement.

After receiving this letter, even though they had been advised that their vehicles did not meet the requirements for Medicare reimbursement, plaintiffs submitted claims in the amount of $86,136.55 to the Medicare program for non-emergency health transportation services, and these claims were denied payment. Although 42 U.S.C. § 1395ff(b) provides an appeal mechanism to challenge the denial of payment, the companies instead filed a complaint in the United States District Court for the Eastern District of Kentucky on August 5,1994, seeking payment of $237,366.05 — $86,136.55 for the denied claims and an additional $151,229.50 for claims for transportation services rendered by the companies, but not submitted to the Medicare program for a reimbursement determination.1 Plaintiffs contended in the complaint [577]*577that the Secretary’s decision to deny reimbursement for their non-emergency health transportation was erroneous, violated the applicable regulations, and was. a taking of property without due process of law. Plaintiffs also filed a motion for a preliminary injunction to enjoin Medicare from continuing to deny their claims for reimbursement.

On August 31, 1994, the district court held a hearing on the motion for a preliminary injunction. The Secretary argued that the recent decision of this court in Farkas v. Blue Cross & Blue Shield of Michigan, 24 F.3d 853 (6th Cir.1994) precluded judicial review of the Secretary’s decision to deny payment of the claims prior to the exhaustion of administrative remedies.

On September 6, 1994, the district court entered an opinion and order denying plaintiffs’ motion for a preliminary injunction and dismissing the complaint without prejudice for lack of subject matter jurisdiction because plaintiffs had failed to exhaust administrative remedies. The companies filed a timely notice of appeal on September 30, 1994. On November 14,1994, the companies filed a motion for injunctive relief pending appeal with this court. That order was denied by this court on December 13, 1994.

II.

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Cite This Page — Counsel Stack

Bluebook (online)
71 F.3d 574, 1995 U.S. App. LEXIS 34742, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manakee-professional-medical-transfer-service-inc-v-shalala-ca6-1995.