Steppe

Steppe v. Sebelius

Good Law
338 F. App'x 680
United States Court of Appeals for the Ninth CircuitJuly 22, 2009No. 08-15613California579 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiffs Roger B. Steppe, Jr. and Cathleen Steppe (collectively, “Steppe”) appeal the district court’s summary judgment order affirming the decision of the Provider Reimbursement Review Board. Steppe challenges the Board’s determination that it lacked jurisdiction to grant his untimely request for an administrative hearing regarding his entitlement to additional Medicare reimbursement for eligible services provided by Anberry Hospital. We affirm.

The district court and the Board properly concluded that Steppe’s hearing request was untimely. After receiving Anberry’s 1995 and 1996 cost reports, Anberry’s fiscal intermediary had twelve months to issue a Notice of Program Reimbursement (NPR). When a year passed -with no NPR forthcoming, Steppe then had 180 days to file a hearing request with the Board to resolve any outstanding Medicare liability. See 42 U.S.C. § 1395oo(a); 42 C.F.R. §§ 405.1835 (c), 405.1841(a)(1) (2007); Anaheim Mem’l Hosp. v. Shalala, 130 F.3d 845 , 847-48 (9th Cir.1997); see also 42 C.F.R. § 405.1835 (a)(3)(ii) (2008). Steppe filed his request in May 2005, however, which was more than six years after the statute of limitations had…

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