Thompson

MEMORANDUM **

White Memorial Medical Center (“WMMC”) 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 WMMC also appeals the denial of its Federal Rule of Civil Procedure 59(e) motion to reconsider. WMMC 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. WMMC claims that the district court erred in affirming the Administrator’s decision because it establishes an arbitrary and capricious policy that is unlawfully retroactive. WMMC also claims the district court abused its discretion by allowing the Secretary to submit a memorandum regarding the allocation of malpractice insurance costs to GME expenses by hospitals in Wisconsin.

We have jurisdiction under 28 U.S.C. § 1291 and we…