Shalala

OVERVIEW

This case arises from the Secretary of Health and Human Services’ (“Secretary”) decision not to reimburse Wilmot Psychiatric/Medicenter and several other hospitals (“hospitals”) under Part C of the Medicare program. Title XVIII of the Social Security Act, 42 U.S.C. § 1395x(v)(l)(A), for the cost of complimentary meals provided by the hospitals to attending physicians, who have staff privileges at the hospitals. The hospitals appeal the district court’s summary judgment in favor of the Secretary. We affirm.

FACTS AND PROCEDURAL HISTORY

Wilmot Psychiatric/Medieenter and several other hospitals seek reimbursement through the Medicare program for unrecovered meal expenses. The hospitals incurred these meal expenses by providing complimentary meals to private physicians who had staff privileges at the hospitals. The complimentary meals were provided to the physicians while they attended to their own private patients whom they had admitted to the hospitals. After the Medicare fiscal intermediaries initially denied reimbursement, the hospitals appealed to the Provider Reimbursement Review Board (“PRRB”). Following a hearing, the PRRB issued decisions in favor of the…