Thompson
Glendale Adventist Medical Center v. Thompson
Opinion
Lead Opinion
MEMORANDUM **
Glendale Adventist Medical Center (“GAMC”) appeals from the award of summary judgment on its petition for judicial review of a final decision of the Administrator (the “Administrator”) of the Health Care Financing Administration (the “HCFA”), acting for the Secretary of Health and Human Services, Tommy Thompson (the “Secretary”). 1 GAMC challenges the Administrator’s ruling that to obtain premium reimbursements as Graduate Medical Education (“GME”) Medicare expenses, the hospital must purchase a separate malpractice insurance policy to cover its interns and residents and not simply obtain separate coverage under its preexisting blanket policies. GAMC also claims that the district court erred in affirming the Administrator’s decision because it establishes an unlawfully retroactive policy that is arbitrary and capricious. 2 Finally, GAMC appeals the denial of its Federal Rule of Civil Procedure 59(e) motion to reconsider.
We have jurisdiction under 28 U.S.C. § 1291 and we affirm. Because the parties are familiar with the underlying facts, we recount them only as necessary to explain our disposition.