University of Michigan Hospital v. Bowen

812 F.2d 1005, 1987 U.S. App. LEXIS 2776
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 26, 1987
DocketNo. 85-1816
StatusPublished
Cited by2 cases

This text of 812 F.2d 1005 (University of Michigan Hospital v. Bowen) 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
University of Michigan Hospital v. Bowen, 812 F.2d 1005, 1987 U.S. App. LEXIS 2776 (6th Cir. 1987).

Opinion

KEITH, Circuit Judge.

Appellant, Secretary of Health and Human Services (“Secretary”), appeals the decision of the United States District Court, Eastern District of Michigan, requiring the Secretary to reimburse appellees, a group of Michigan hospitals (“hospitals”), for costs associated with the Medicare reimbursement program. The hospitals, providers of Medicare services, brought this action challenging a decision of the Secretary that labor/delivery room days are to be included in the determination of a provider’s average per diem cost of routine in-patient care. For the reasons set forth below, we find merit in the hospitals’ challenge to the reimbursement procedures and affirm the district court’s denial of the Secretary’s motion to remand this case to the Provider Reimbursement Review Board (“PRRB”) for presentation of additional evidence. We reverse, however, the district court’s remand of the “Exhibit B-l” hospitals’ claims to the PRRB, thereby holding that the PRRB’s jurisdiction is limited by 42 U.S.C. § 1395oo (a) to items claimed or otherwise disclosed on the initial cost report or to amended items which revise cost report information ' previously submitted. See Saline Community Hospital v. Secretary of Health and Human Services, 744 F.2d 517 (6th Cir.1984) (per curiam); see also Baptist Hospital East v. Secretary of HHS, 802 F.2d 860 (6th Cir.1986); Bethesda Hospital, et al. v. HHS, 810 F.2d 558 (6th Cir.1987).

1. The Labor/Delivery Policy

The Medicare Program subsidizes the reasonable costs of medical care for elderly and disabled citizens. 42 U.S.C. § 1395 (1982). Part A of the program provides for federal ■ reimbursements to hospitals and other institutions for services rendered to Medicare beneficiaries. 42 U.S.C. §§ 1395c-1395i-2 (1982). Part B is primarily for reimbursement of physician services. 42 U.S.C. §§ 1395j~1395w (1982). This action involves only Part A.

During the cost reporting periods at issue, the Medicare statute fixed the amount of reimbursement for Part A providers based on the providers actual “reasonable cost” of furnishing care to Medicare beneficiaries. The statute broadly defines reasonable costs, 42 U.S.C. § 1395x(v)(l)(A),1 and leaves to the regulations “the method or methods to be used, and the items to be included, in determining such costs.” Id. The Secretary has issued Provider Reimbursement Manual HIM-15 (“Manual”) as additional guidance in interpreting the Medicare reimbursement regulations.2

The apportionment of allowable routine service costs between Medicare and non-Medicare patients is at issue. Under the apportionment process, hospital costs are divided into three groups with separate reimbursement calculations for each: one for routine services in general care areas; one for routine services in special care areas; and one for ancillary services.3 Routine services are defined as “the regular room, dietary and nursing services, minor medical and surgical supplies, and the use of equip[1007]*1007ment for which a separate charge is not customarily made.” 42 C.F.R. § 405.-452(b)(2). Under the regulations, reimbursement is calculated separately for routine services and for ancillary services.

This case involves the reimbursement for routine services in general care areas. The costs of general routine services are apportioned between Medicare and non-Medicare patients on the following basis:

(1) Total Cost of Routine Services = Average Cost Per Diem Total JN umber of ln-patient Days

(2) (Average Cost Per Diem) X (Number of Days of Care Rendered to Medicare Beneficiaries) = Amount Reimbursed by Medicare

42 C.F.R. § 405.452(c).

Section 2345 of the Manual affects the amount that the hospitals receive from Medicare for routine services. This labor/delivery policy requires that “[i]f a patient is in the labor/delivery room at the census-taking hour, an in-patient day will be counted in the routine maternity care area.” Under § 2345 of the Manual, labor/delivery days must be included in total number of in-patient days. However, labor/delivery costs are not included in the routine cost equation. This is because labor/delivery services are considered ancillary, and reimbursement for ancillary services is separate from that for routine services. The hospitals claim that because labor/delivery patients almost by definition are non-Medicare patients, the average cost per diem is reduced, and consequently the amount reimbursed by Medicare is reduced. Thus, they claim that the per diem reimbursement figure is distorted downward.4

II. The Administrative Appeals Process

The Medicare Act establishes an appeals procedure which provides for administrative review of final determinations of reimbursement to providers for services rendered to Medicare beneficiaries. 42 U.S.C. § 1395oo (1982). A provider must file a cost report with its fiscal intermediary within three months after the end of its cost reporting period. 42 C.F.R. § 405.-453(f). The fiscal intermediary audits the report and reports the results to the provider in a Notice of Program Reimbursement (“NPR”). Id. An appeal from a final decision of the fiscal intermediary concerning “matters covered by such cost report” is brought before the PRRB; this is the step in. the proceedings where an evidentiary hearing occurs. 42 U.S.C. § 1395oo(d) (1982). A decision of the PRRB is reviewable by the Deputy Administrator of the Health Care Financing Administration (“Deputy Administrator”). 42 C.F.R. § 405.1875.

The Deputy Administrator may affirm, reverse or modify the PRRB decision, or may remand the case to the PRRB. 42 C.F.R. § 405.1875(g). If the Deputy Administrator remands to the PRRB, he may direct that the PRRB “take further action with respect to the development of additional facts or new issues.” 42 C.F.R. §

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Bluebook (online)
812 F.2d 1005, 1987 U.S. App. LEXIS 2776, Counsel Stack Legal Research, https://law.counselstack.com/opinion/university-of-michigan-hospital-v-bowen-ca6-1987.