Stephenson v. Shalala

87 F.3d 350, 96 Cal. Daily Op. Serv. 4639, 96 Daily Journal DAR 7469, 1996 U.S. App. LEXIS 15238, 1996 WL 343751
CourtCourt of Appeals for the Ninth Circuit
DecidedJune 25, 1996
DocketNo. 95-15729
StatusPublished
Cited by6 cases

This text of 87 F.3d 350 (Stephenson 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
Stephenson v. Shalala, 87 F.3d 350, 96 Cal. Daily Op. Serv. 4639, 96 Daily Journal DAR 7469, 1996 U.S. App. LEXIS 15238, 1996 WL 343751 (9th Cir. 1996).

Opinion

CYNTHIA HOLCOMB HALL, Circuit Judge:.

We must decide whether the Medicare Act, in sections found at 42 U.S.C. §§ 1395ec(a)(2)(A), 1395u(b)(3), 1395x(v)(l)(K), compels the Secretary of Health and Human Services to impose a cap on hospital outpatient charges. We conclude that it does not, and affirm the order of the district court.

I

The appellants are a certified class of Medicare beneficiaries. They brought this action alleging that the Secretary had violated various provisions of the Medicare Act, the Administrative Procedure Act and the Constitution. All of their claims were dismissed, except for those based upon a violation of the Medicare Act. The Medicare Act claims were dismissed separately in an order granting summary judgment for the Secretary. We now consider this order alone. The question presented is whether the Medicare Act requires hospitals to charge no more than a “reasonable” amount for services rendered under Medicare’s “Part B.” The appellants seek an order compelling the Secretary to ensure that hospitals comply with this command.

Medicare is a vast and complicated federal program. Congress established the Medicare program in 1965 to provide “Federal Health Insurance for the Aged and Disabled.” Title XVIII of the Social Security Act of 1965, codified as amended at 42 U.S.C. §§ 1395c et seq. Medicare is administered by the Secretary of Health and Human Services (“HHS”), who delegates administrative responsibility to the Health Care Financing-Administration (“HCFA”). To be eligible for Medicare, an individual must normally be at least 65 years old or subject to certain disabilities. See 42 C.F.R. § 407.10.

The program consists mainly of two parts. “Part A” provides an insurance plan to cover inpatient hospital, nursing home, hospice and at-home care. 42 U.S.C. § 1395d(a). Part A is an entitlement for which eligible beneficiaries need not pay premiums; it is financed by payroll taxes. Part A is not at issue in this lawsuit. “Part B,” the subject of this lawsuit, provides coverage for certain physi[352]*352dan and hospital outpatient services not covered by Part A. 42 U.S.C. §§ 1395j to 1395w-4 (“Supplemental Insurance for the Aged and Disabled”); see also 42 U.S.C. § 1395d (scope of benefits). To deliver Part B services, the HCFA enters into contracts with health care providers, 42 U.S.C. § 1395cc, such as the hospitals whose outpatient bills gave rise to this suit.

The cost of Part B services is shared by beneficiaries and the government. To obtain coverage, Medicare-eligible individuals must first enroll in the program. 42 U.S.C. §§ 1395o (eligibility), 1395p (enrollment). Next, they pay monthly premiums, an annual deductible, and additional fees per-service, called, “coinsurance” or “copayments”. 42 U.S.C. §§ 1395r, 1395s (premiums), 1395cc (coinsurance); 42 C.F.R. § 410.160(f) (1995) (deductible). Finally, the HCFA reimburses the balance of the costs of Part B from a “Federal Supplementary Medical Insurance Trust Fund.” 42 U.S.C. § 1395Í; see also § 1395t (describing trust fund). Patients are considered the “beneficiaries” of this trust. Statutes and HHS regulations determine how much the government and the beneficiaries pay, according to formulas which vary with the type of service covered.1

At the center of this case is a fight over cost-sharing and, in particular, how much of the cost beneficiaries should be responsible for. According to the basic formula for Part B services, a beneficiary must pay 20% of the

reasonable charges for such items and services (not in excess of [20%] of the amount customarily charged for such items and services by such provider).

42 U.S.C. § 1395cc(a)(2)(A)(ii) (1995) (emphasis added). The federal government pays

the lesser of (I) the reasonable cost of such services ... or (II) the customary charges ... but in no ease may the payment ... exceed 80 percent of such reasonable cost. 42 U.S.C. § 1395Z(a)(2)(B)(i) (1995) (emphasis added). The appellants call this cost-sharing arrangement the “80-20 split.” It guarantees health services providers payment for 100% of their Medicare-allowed costs. Pennsylvania Medical Soc. v. Snider, 29 F.3d 886, 892 (3d Cir.1994); New York City Health & Hosp. v. Perales, 954 F.2d 854, 858 (2d Cir.1992).

However, the label “80-20 split” is misleading. Of the total amount paid to the provider, the beneficiary’s share typically exceeds 20%, while the government’s share falls below 80%. This is true for several reasons. First, note that the HCFA reimburses on the basis of the hospital’s costs, while the beneficiary owes a percentage of hospital charges. Because providers normally charge above cost — this is how they make money — we should expect the beneficiary’s share to represent something more than 20% of the total payment to the hospital.2 Just how much more than 20% depends upon the degree to which charges exceed costs.

In recent years, charges have far exceeded costs and, as a result, copayments have risen. It is the burden of coping with rising copayments that animates this lawsuit. In the early days of Medicare, according to the Secretary, charges approximated costs. Since the early 1980s, however, hospitals have raised charges for outpatient services well above their costs, allegedly in an attempt to compensate for revenues lost in other areas of their business, where Congress and the insurance industry have imposed cost controls. Outpatient charges (and coinsurance) have risen steeply, at a rate faster than the rate for many other medical services.

Costs, meanwhile, have not risen as fast, and this has further reduced the government’s burden under Part B. The federal government has, by statute and regulation, [353]*353imposed progressively tighter limits on what “costs” will be deemed “reasonable” for purposes of reimbursement.3 The combined effect of rapidly rising charges together with deliberate cost controls has been to inflate the percentage of total hospital receipts paid by beneficiaries.

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87 F.3d 350, 96 Cal. Daily Op. Serv. 4639, 96 Daily Journal DAR 7469, 1996 U.S. App. LEXIS 15238, 1996 WL 343751, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stephenson-v-shalala-ca9-1996.