MERGERS & ACQUISITIONS CASES
U.S. 9th Circuit, May 19, 2008
Robert F. Kennedy Med. Ctr. v. Leavitt, No. 06-56367
Summary judgment affirming a denial of plaintiff-hospital operator's Medicare reimbursement request is affirmed over a claim that the Secretary of Health and Human Services had to reimburse it for depreciation losses resulting from its disposal of assets through a statutory merger. Plaintiff is not eligible for reimbursement because the merger at issue did not qualify as a "bona fide sale" under 42 C.F.R. section 413.134(f).
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