§Why CasetextPricing

Baystate Medical Center v. Leavitt, et al

MOTION for Summary Judgment , Memorandum of Points and Authorities in Support, Statement of Material Facts

54 Cited authorities

  1. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 6,658 times   50 Legal Analyses
    Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"

  2. United States v. Mead Corp.

    533 U.S. 218 (2001)   Cited 2,602 times   30 Legal Analyses
    Holding that a Customs classification ruling "has no claim to judicial deference under Chevron " but can "claim respect according to its persuasiveness"

  3. Thomas Jefferson Univ. v. Shalala

    512 U.S. 504 (1994)   Cited 1,278 times   5 Legal Analyses
    Holding that "the agency’s interpretation must be given controlling weight unless it is plainly erroneous or inconsistent with the regulation"

  4. Burlington Truck Lines v. U.S.

    371 U.S. 156 (1962)   Cited 1,947 times   3 Legal Analyses
    Holding a rule invalid under the APA where "the Commission made no findings specifically directed to the choice between two vastly different remedies with vastly different consequences to the carriers and the public . . . [and failed to] articulate any rational connection between the facts found and the choice made"

  5. Story Parchment Co. v. Paterson Co.

    282 U.S. 555 (1931)   Cited 1,106 times
    Holding that although damages must be "the certain result of the wrong," they may be "uncertain in respect of their amount."

  6. County of Los Angeles v. Shalala

    192 F.3d 1005 (D.C. Cir. 1999)   Cited 271 times   1 Legal Analyses
    Holding that it was error for the district court to fashion a remedy for the agency to follow after declaring agency action unlawful

  7. In re Medicare Reimbursement Litigation

    414 F.3d 7 (D.C. Cir. 2005)   Cited 110 times
    Holding that mandamus is cognizable only where “the plaintiff has a clear right to relief”

  8. Methodist Hosp. of Sacramento v. Shalala

    38 F.3d 1225 (D.C. Cir. 1994)   Cited 132 times
    Holding that when the Department used the most reliable data available at the time, it was not required to recalculate reimbursements based on subsequently corrected data

  9. Califano v. Boles

    443 U.S. 282 (1979)   Cited 65 times
    Upholding law providing "mother's insurance benefits" to widows and divorced wives of wage earners but not to mothers who never married the child's father on basis that "Congress could reasonably conclude that a woman who has never been married to the wage earner is far less likely to be dependent on wage earner at the time of his death"

  10. Kaczmarczyk v. I.N.S.

    933 F.2d 588 (7th Cir. 1991)   Cited 101 times
    Holding that it was not error for the BIA to take notice of changed conditions in a country and to base its findings on State Department advisory opinions, to which "we give considerable weight"

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 330,026 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,527 times   185 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  13. Section 1381 - Statement of purpose; authorization of appropriations

    42 U.S.C. § 1381   Cited 8,261 times
    Regarding SSI

  14. Section 1395y - Exclusions from coverage and medicare as secondary payer

    42 U.S.C. § 1395y   Cited 1,303 times   66 Legal Analyses
    Granting the government subrogation rights

  15. Section 1381a - Basic entitlement to benefits

    42 U.S.C. § 1381a   Cited 943 times
    Guaranteeing support to eligible “aged, blind, or disabled” people

  16. Section 1395oo - Provider Reimbursement Review Board

    42 U.S.C. § 1395oo   Cited 672 times   11 Legal Analyses
    Granting jurisdiction to the district court over this type of appeal

  17. Section 1395ww - Payments to hospitals for inpatient hospital services

    42 U.S.C. § 1395ww   Cited 608 times   35 Legal Analyses
    Providing for a wage-index adjustment

  18. Section 1395d - Scope of benefits

    42 U.S.C. § 1395d   Cited 230 times   4 Legal Analyses
    Establishing that hospice providers may collect reimbursement for an unlimited number of recertification periods

  19. Section 205 - Appointment and tenure of office of Surgeon General; reversion in rank

    42 U.S.C. § 205   Cited 139 times
    Providing a right of review of Title II DIB claims

  20. Section 426 - Entitlement to hospital insurance benefits

    42 U.S.C. § 426   Cited 100 times   1 Legal Analyses
    Limiting Medicare eligibility to certain classes of "individuals"

  21. Section 405.1875 - Administrator review

    42 C.F.R. § 405.1875   Cited 139 times
    Recognizing that the Secretary has delegated to the Administrator his authority to review the Board's decisions

  22. Section 405.1835 - Right to Board hearing; contents of, and adding issues to, hearing request

    42 C.F.R. § 405.1835   Cited 123 times   11 Legal Analyses
    Limiting review of RNPRs "solely to those matters that are specifically revised"

  23. Section 417.584 - Payment to HMOs or CMPs with risk contracts

    42 C.F.R. § 417.584   Cited 2 times

    Except in the circumstances specified in § 417.440(d) for inpatient hospital care, and as provided in § 417.585 for hospice care, CMS makes payment for covered services only to the HMO or CMP. (a)Principle of payment. CMS makes monthly advance payments equivalent to the HMO's or CMP's per capita rate of payment for each beneficiary who is registered in CMS records as a Medicare enrollee of the HMO or CMP. (b)Determination of rate. (1) The annual per capita rate of payment for each class of Medicare

  24. Section 416.264 - When does the special SSI eligibility status apply

    20 C.F.R. § 416.264   Cited 1 times

    The special SSI eligibility status applies for the purposes of establishing or maintaining your eligibility for Medicaid. For these purposes we continue to consider you to be a blind or disabled individual receiving benefits even though you are in fact no longer receiving regular SSI benefits or special SSI cash benefits. You must meet the eligibility requirements in § 416.265 in order to qualify for the special SSI eligibility status. Special SSI eligibility status also applies for purposes of reacquiring

  25. Section 417.524 - Payment to HMOs or CMPs: General

    42 C.F.R. § 417.524   Cited 1 times

    (a)Basic rule. The payments that CMS makes to an HMO or CMP under this subpart and subparts O and P of this part for furnishing covered Medicare services are in place of any payment that CMS would otherwise make to a beneficiary or the HMO or CMP under sections 1814(b) and 1833(a) of the Act. (b)Basis of payment. (1) CMS pays the HMOs or CMPs on either a reasonable cost basis or a risk basis depending on the type of contract the HMO or CMP has with CMS. (2) In certain cases a risk HMO or CMP also