Skagit County Public Hospital District No. 2 v. Shalala

80 F.3d 379, 96 Cal. Daily Op. Serv. 2328, 96 Daily Journal DAR 3921, 1996 U.S. App. LEXIS 6560
CourtCourt of Appeals for the Ninth Circuit
DecidedApril 5, 1996
DocketNo. 95-35385
StatusPublished
Cited by4 cases

This text of 80 F.3d 379 (Skagit County Public Hospital District No. 2 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
Skagit County Public Hospital District No. 2 v. Shalala, 80 F.3d 379, 96 Cal. Daily Op. Serv. 2328, 96 Daily Journal DAR 3921, 1996 U.S. App. LEXIS 6560 (9th Cir. 1996).

Opinion

TROTT, Circuit Judge:

OVERVIEW

Skagit County Public Hospital d/b/a Island Hospital (Island) appeals the district court’s dismissal of its action challenging the Health Care Finance Administration’s (HCFA’s) procedure for correcting wage data which, in turn, resulted in a denial of Island’s application for geographical reclassification. The district court found that it lacked subject matter jurisdiction because a Medicare statute expressly precludes judicial review of the Secretary of the Department of Health and Human Services’ i’eclassification decisions. The district court remanded part of the action to the Provider Reimbursement Review Board to examine its jurisdiction over a potential wage index claim, which was distinct [381]*381from the reclassification claim. We vacate the remand order and affirm the district court’s dismissal of Island’s claim challenging the wage correction process for lack of subject matter jurisdiction.

MEDICARE BACKGROUND INFORMATION

Medicare provides health insurance for the elderly and disabled. Under the Medicare Prospective Payment System, hospitals are reimbursed for inpatient operating costs primarily on the basis of diagnostic related groups. For each diagnostic related group assigned to a discharged Medicare patient, Medicare pays the hospital a prospectively determined amount. The diagnostic related group payment under this Prospective Payment System is determined by the standardized rate and the wage index, both of which are based on the hospital’s geographic location. This case involves the determination of the wage index.

The wage index measures the ratio of the average hourly wage (AHW) of hospitals in a given geographic area with the nationally calculated AHW. 42 U.S.C. § 1395ww(d)(3)(E). Each hospital is assigned to a particular geographic area, and an area wage rate is computed for all participating hospitals in that area. The wage index is used to adjust Prospective Payment System rates to reflect local variations in labor costs.

Geographic areas are classified according to whether they are located in a rural or urban county. An urban county is considered part of a metropolitan statistical area, and its area wage rate is computed on the basis of only the AHWs for hospitals located in that metropolitan area. In rural counties, on the other hand, Medicare computes the area wage rate on the basis of all AHWs for all rural county hospitals in the state. Therefore, the wage index is generally greater for a hospital located in an urban county.

In 1989, Congress recognized that the classification system resulted in inequitable hospital reimbursements in cases where a rural hospital is located on the edge of an urban metropolitan area and competes for employees with the urban hospitals. As a result, Congress directed the Department of Health and Human Services (DHHS) to establish a reclassification system whereby a rural hospital could be reclassified to a nearby urban area and receive reimbursements based on the higher area wage rate. 42 U.S.C. § 1395ww(d)(10). Congress established the Medicare Geographic Classification Review Board (MGCRB or Classification Board) to adjudicate hospital requests for reclassification. HCFA required the Classification Board to base its decisions for reclassification requests effective for the years 1992-1994 on 1988 hospital wage data.

In September 1992, the DHHS adopted revised reclassification guidelines effective for reclassification requests for the fiscal year 1994. 57 Fed.Reg. 39,746 (Sept. 1, 1992). The revised guidelines imposed a new criterion for reclassification called the “108 percent” threshold test. 42 C.F.R. § 412.230(e)(l)(iii). That test requires a hospital seeking reclassification to show that its actual average hourly wage (based on 1988 data) is at least 108 percent of the average hourly wage of the hospitals in its own geographic area.

HCFA allows hospitals to invoke the wage data corrections process in making their applications for reclassification to the Classification Board.1 Once HCFA completes its [382]*382review of the hospital’s wage data correction request, it transmits the data (corrected or uncorrected) to the Classification Board for use in its review of the hospital’s reclassification application. The Classification Board is required to make its determination as to a hospital’s application for geographic reclassification within 180 days of the hospital’s application, which must be submitted by October 1 of the year prior to the fiscal year for which reclassification is sought. 42 U.S.C. § 1395(d)(10)(C)(iii)(I).

The Classification Board has until the end of March to make its determination on reclassification applications, and the Secretary has until the end of June to review those determinations. 42 U.S.C. § 1395ww(d)(10)(C)(iii). A hospital can appeal the reclassification decision of the Classification Board to the Secretary. The Secretary’s decision upon review is final and is not subject to judicial review. 42 U.S.C. § 1395ww(10)(C)(iii)(II). These strict time frames enable HCFA to meet the statutory requirement that Prospective Payment System rates, and the methodology and data used to compute the rates, are published by September 1 of each year. 42 U.S.C. § 1395ww(d)(6). The Prospective Payment System rates for hospitals in individual areas are based on the area wage index, which in turn is based on the hospital’s geographic classification. HCFA cannot compute the Prospective Payment System rates until all reclassification decisions are finalized. When HCFA incorporates the effects of reclassification decisions into its computation of the Prospective Payment System rates, the impact must be budget neutral. 42 U.S.C. § 1395ww(d)(8)(D).

As explained above, the wage index in a specific locality affects the amount of Medicare reimbursements. A hospital may appeal a final determination as to the amount of payment due to a hospital under the Prospective Payment System to the Provider Reimbursement Review Board (PRRB or Reimbursement Board). 42 U.S.C. § 1395oo(a). To qualify for review by the Reimbursement Board, the amount in controversy must be at least $10,000. 42 U.S.C. § 1395oo(a)(2). If the hospital is dissatisfied with the Reimbursement Board’s decision, it can seek judicial review of that administrative decision. 42 U.S.C. § 1395oo(f)(l).

FACTS

Island is a rural hospital located 80 miles north of Seattle in Anacortes, Washington.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
80 F.3d 379, 96 Cal. Daily Op. Serv. 2328, 96 Daily Journal DAR 3921, 1996 U.S. App. LEXIS 6560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/skagit-county-public-hospital-district-no-2-v-shalala-ca9-1996.