Sewickley Valley Hospital v. Commonwealth, Department of Public Welfare

474 A.2d 51, 81 Pa. Commw. 298, 1984 Pa. Commw. LEXIS 1312
CourtCommonwealth Court of Pennsylvania
DecidedApril 3, 1984
DocketAppeal, No. 717 C.D. 1982
StatusPublished
Cited by2 cases

This text of 474 A.2d 51 (Sewickley Valley Hospital v. Commonwealth, Department of Public Welfare) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sewickley Valley Hospital v. Commonwealth, Department of Public Welfare, 474 A.2d 51, 81 Pa. Commw. 298, 1984 Pa. Commw. LEXIS 1312 (Pa. Ct. App. 1984).

Opinion

Opinion by

Judge Barry,

The issue in this case involves .the correctness of a decision of the Department of Public Welfare (DPW) which required petitioner Sewickley Valley Hospital (Hospital) to revise allowable costs associated with a financing transaction in accordance with reimbursement principles developed under the Medicaid Program. DPW required the Hospital to include the total loss on defeasance of debt or advance refunding1 in [300]*300the amount of $1,765,507.00 in fiscal year 1977 rather than permitting the Hospital to amortize the loss on defeasance over the length of the new bond issue. This treatment, which included all of the loss in the year of defeasance, caused the Hospital to exceed its routine cost limitations, which resulted in the Hospital losing forever the amount of the loss which exceeded the cost limits.

On August 1, 1975, Sewickley Valley Authority issued $12,000,000.00 of gross revenue bonds with an average interest rate of 9%. On April 1,1977, the authority issued $12,235,000.00 of gross revenue bonds and $7,030,000.00 of Special Obligation Refunding Bonds to pay off the August 1975 issue. The later issue had an average interest rate of 6.23%, which resulted in interest savings to Sewickley Valley Hospital of $3,281,713.00.2 However, due to the fact that the [301]*301Hospital had to borrow an amount of money which exceeded the balance of the debt outs tanding on the 1975 bonds in order to obtain the lower interest rate on the later issue, the Medicare and Medicaid programs treat the additional principal owed on the new bonds as a loss caused by the defeasance. The loss on defeasance of debt amounts to $1,765,507.00.

Sewiekley Valley Hospital participates in the Pennsylvania Medical Assistance Program as a provider of inpatient hospital services. The Hospital reports its costs for Medical Assistance purposes on a July 1-June 30 fiscal year.

The Hospital amortized the loss on defeasance of the bonds over a period of years and .then claimed as an allowable cost for the cost reporting period ending June 30, 1977, June 30, 1978, and June 30, 1979, that portion of the loss on defeasance which applied to each reporting period. DPW disallowed amortization of the loss on defeasance, requiring instead that the entire loss be recognized in the year in which the refinancing occurred. Therefore, the auditors included the loss of $1,765,507.00 in the Hospital’s cost for the fiscal year ending June 30, 1977. On appeal to the Secretary of Public Welfare, the action of the auditors was upheld. Hence, the Hospital appears before ns seeking reversal of the decision of the Office of Hearings and an order granting amortization of the loss on refinancing over the life of the 1977 bond issue.

Hospitals participating in the Pennsylvania Medical Assistance Program (Medicaid) are reimbursed according to Medicare reimbursement principles. Prior to February, 1977, the Medicare Provider Reimbursement Manual (H.I.M. 15) did not address reimbursement issues relating to loss on defeasance in the refinancing of bonds. In February, 1977, H.I.M. 215 titled “Recall of Bonds Before Maturity” was pub-[302]*302listed. This publication addresses 'the subject of loas on defeasance of debt at Section 215.1.3 This section also limits the periods affected by the new reimbursement policies and provides that H.I.M. 15 §215 applies only for cost reporting periods beginning after December 31, 1976. The fiscal year in question in this appeal is fiscal year July 1, 1976-June 30, 1977. Therefore, on its face, only six months of the fiscal year in question would qualify for specific treatment as specified in Section 215.1 of H.I.M. 15. It is clear, however, that we cannot simply allow six months of loss to be claimed in the year in which it occurs and the remaining six months to be amortized over 'the life of the refinancing. The Foreword to the Medicare Provider Reimbursement Manual states that “[f]or any cost situation that is not covered by 'the manual's guidelines and policies, generally accepted accounting principles should be applied.” A.B.P. (Accounting Principles Board) Opinion No. 26 of October 1972 entitled “Early Extinguishment of Debt” deals with generally accepted accounting principles with respect to extinguishment of debt during the period in question. In Paragraph 20 of that Opinion, it is stated that “[g]ains and losses should not be amortized to future periods.” Paragraph 21 further provides that “a difference between a cash acquisition price of the debt and its net carrying’ amount should be recognized [303]*303currently in income in the period of extinguishment as losses or gains.”

It is DPW’s position on the issue of costs of defeasance in the refinancing of bonds that matters of reimbursement to hospitals which are participants in the Medical Assistance Program are governed by federal statutes authorizing those regulations contained in the Medicare Provider Reimbursement Manual. DPW contends that since there was no regulation specifically addressing the issue of loss on defeasance in bond refinancing applicable to the period in question, general principles of accounting apply, as provided in the Foreword of the Provider Reimbursement Manual.

During the period in question, general principles of accounting were issued by the Accounting Principles Board and applied by DPW to the instant case. By implication it is clear that, conversely, where Medicare rules, regulations and guidelines do exist, they should be given weight. The mandate of the Medicare Program, and consequently Pennsylvania Medicaid, is to pay actual costs, which costs must be reasonable, necessary, and related to patient care. This general situation is covered in 42 C.F.R. 405.451, and interpreted in what the Hospital submits is a clarification of existing substantive policy in Ravenswood Hospital Medical Center v. Blue Gross Association/Health Care Service Corporation, C.C.H. Medicare and Medicaid Guide †[31,945. The provider in Ravenswood incurred a loss as a result of advance refunding. The provider sought: to claim the loss in the year of the refinancing. The fiscal intermediary in that case relied upon Section 215.1 to require amortization of the loss rather than claiming it in the year of the refinancing. The Board held in favor of the provider. Upon review of the Board’s decision, however, the Deputy Admin[304]*304istrator of the Health Care Financing Administration reversed the Board’s decision. C.C.H. Medicare and Medicaid Guide ¶32,044. The Deputy Administrator’s decision recognized that

[tjhere are, however, differences on GAAP [Generally Accepted Accounting Principles] and Medicare Cost Reporting caused by the differing purposes of each undertaking. GAAP is concerned with providing a consistent reporting of an entity’s financial position for investors and management. Medicare Cost Reporting, meanwhile, is concerned with determining the reasonable cost of providing services to ■medicare beneficiaries daring each cost reporting period under 42 C.F.R. 405.451.

Id. at 10,023. The Deputy Administrator continued:

A large loss incurred by refinancing is not a cost of rendering patient care during only the year of the refinancing.

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Related

Sewickley Valley Hospital v. Commonwealth
550 A.2d 1351 (Commonwealth Court of Pennsylvania, 1988)
Centennial Spring Health Care Center v. Commonwealth
541 A.2d 806 (Commonwealth Court of Pennsylvania, 1988)

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Bluebook (online)
474 A.2d 51, 81 Pa. Commw. 298, 1984 Pa. Commw. LEXIS 1312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sewickley-valley-hospital-v-commonwealth-department-of-public-welfare-pacommwct-1984.