Providence Hospital of Toppenish v. Shalala

52 F.3d 213, 95 Daily Journal DAR 4207, 95 Cal. Daily Op. Serv. 2443, 1995 U.S. App. LEXIS 7500
CourtCourt of Appeals for the Ninth Circuit
DecidedApril 4, 1995
DocketNo. 94-35031
StatusPublished
Cited by2 cases

This text of 52 F.3d 213 (Providence Hospital of Toppenish v. Shalala) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Providence Hospital of Toppenish v. Shalala, 52 F.3d 213, 95 Daily Journal DAR 4207, 95 Cal. Daily Op. Serv. 2443, 1995 U.S. App. LEXIS 7500 (9th Cir. 1995).

Opinion

KELLEHER, District Judge:

Sisters of Providence hospitals (providers) appeal from the district court’s summary judgment order affirming the determination of the Secretary of Health and Human Services (Secretary) disallowing the use of a “blended” interest rate for purposes of Medicare reimbursement.

Under the Medicare Act, 42 U.S.C. § 1395 et seq., hospitals are reimbursed for interest costs that are “actual” and “necessary.” See 42 U.S.C. § 1395x(v)(l)(A); 42 C.F.R. 413.153(a)(1) (1994). In addition, the Medicare program must seek to prevent cross-subsidization.1 See 42 U.S.C. § 1395x(v)(l)(A). In denying reimbursement of interest costs according to a “blended” interest rate, the Secretary interpreted the provisions of the Medicare Act to bar reimbursement of interest costs that were not incurred directly by each hospital. On appeal, the providers contend that the Secretary applied the Medicare regulations arbitrarily, denying the providers the benefit of a lower interest rate obtained as a result of group financing. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

BACKGROUND

The material facts are not in dispute. This action involves a dispute between Providence Hospital of Toppenish, et al. (collectively, the providers), and Donna E. Shalala, Secretary, Department of Health and Human Services (Secretary), regarding Medicare reimbursement for interest costs incurred by the providers for the 1986 cost reporting period.

The providers are acute care hospitals in Washington, Alaska, Oregon and California, all managed and operated by the Sisters of Providence organization. The Sisters of Providence organization is comprised of three non-profit corporations: Sisters of Providence in Washington, Sisters of Providence in Oregon, and Sisters of Providence in California.

The Secretary is responsible for administering the Medicare program, which provides medical assistance to eligible beneficiaries, and a mechanism for reimbursing hospitals for the costs of providing that care. See generally 42 U.S.C. § 1395 et seq. (1994). The Health Care Financing Administration (HCFA), an agency within the Department of Health and Human Services, administers the Medicare program. Payment to Medicare providers is carried out through private organizations, such as Blue Cross and Blue Shield Association, which act as intermediaries on behalf of HCFA. See 42 C.F.R. § 421.5(b). Based on cost reports submitted by providers, intermediaries determine the reasonable cost of services rendered Medicare patients and the Medicare payments due the providers. If providers disagree with the reimbursement decisions made by the intermediaries, and if the amount in controversy exceeds $10,000 ($50,000 for a group appeal), they may appeal to the Provider Reimbursement Review Board (PRRB). 42 U.S.C. § 1395oo. The intermediaries represent HCFA before the PRRB. The Board’s decision is the final decision of the Secretary unless the Administrator of HCFA reverses, modifies or affirms the Board’s decision. 42 U.S.C. § 1395oo(f)(l).

Prior to the period at issue, each Sisters of Providence corporation borrowed needed funds independently using taxable debt issu-ances. However, anticipating large capital expenditures, the three corporations devel[215]*215oped a plan to use tax-exempt debt by borrowing as a group under a master trust indenture agreement. The corporations borrowed together as an “obligated group” under four fixed rate bonds (one issuance in each of the four states) and one variable rate bond. Each state corporation signed a series of cross-guarantees, pledging the total assets of the group. Therefore, the assets and revenues of each corporation were exposed to liability arising out of the total debt.

The combined size and financial strength of the group allowed it to obtain a large amount of variable rate debt,2 a riskier type of debt, at a lower interest rate than the providers could have obtained had they borrowed individually. In addition, the group was able to obtain an improved bond rating and lower interest rates on fixed rate bond issues.

The total amount of debt required by the group was $309,570,580. Because proceeds from a particular state bond authority could not cross state lines, the entire amount could not be borrowed from a single bond authority. Therefore, money was borrowed from bond authorities in each of the states in which the hospitals were located.3 However, because variable rate debt is costly to issue, the providers decided to use a single bond authority to issue the variable rate debt. Therefore, all the variable rate bonds were issued through the Washington bond authority.

Initially, each provider paid the principal and interest for the debt issuances from its state bond authority at the applicable rate. The central management office of the providers then accounted for the interest costs of the various providers by averaging all the interest rates together to create a “blended” rate.4 In order to share in the benefits of the lower rate obtained as a result of the group financing, the providers made a series of cross-payments or equalizing payments such that each provider’s payments were equal to the blended rate. During 1986, the blended rate was approximately 7.8 percent.

Each of the providers claimed interest costs on its Medicare cost report based on the overall rate of interest incurred, i.e. 7.8 percent. Some intermediaries accepted the blended rate while others rejected it. Where the blended rate was rejected, the intermediaries reimbursed each provider at the interest rate of the bond issuance from which the provider actually received loan proceeds (the actual rate).

Upon the decision by several intermediaries to reimburse at the actual rate, the providers appealed to the PRRB. The PRRB issued a decision in favor of the providers, finding that use of the overall rate of interest was proper as that rate accurately represented the interest costs actually incurred by each provider under the terms of the master trust indenture agreement. In addition, the PRRB found that the use of an overall interest rate did not arbitrarily shift costs among the providers because the manner in which interest was assessed to the providers was consistent with the integrated nature of the providers’ systemwide financing. Accordingly, the PRRB held that the providers were entitled to additional reimbursement.

The Administrator reversed the PRRB, finding that the providers must be reimbursed according to the interest rates actual[216]

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Providence Hospital Of Toppenish v. Shalala
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Bluebook (online)
52 F.3d 213, 95 Daily Journal DAR 4207, 95 Cal. Daily Op. Serv. 2443, 1995 U.S. App. LEXIS 7500, Counsel Stack Legal Research, https://law.counselstack.com/opinion/providence-hospital-of-toppenish-v-shalala-ca9-1995.