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41 soc.sec.rep.ser. 569, Medicare & Medicaid Guide P 41,551 Mary Cosgrove and John Shepsky, Individually and on Behalf of All Others Similarly Situated, and Rose Singer, Individually and as Administratrix of the Estate of Emil Singer, and on Behalf of All Others Similarly Situated v. Louis W. Sullivan, M.D., Secretary of the U.S. Department of Health and Human Services J. Michael Hudson, Acting Administrator of the Health Care Financing Administration

Citation: 999 F.2d 630Docket: 283

Court: Court of Appeals for the Second Circuit; July 21, 1993; Federal Appellate Court

Narrative Opinion Summary

The case involves a nationwide class action against the Secretary of Health and Human Services concerning Medicare underpayments for physician services under Part B. The central legal issue is whether a judicial decision can be considered a 'final determination' under 42 U.S.C. § 1395l(j), which would trigger the accrual of interest on unpaid Medicare claims. The plaintiffs argue that a judgment issued in 1988 constitutes such a final determination, while the Secretary contends otherwise. The district court ruled in favor of the plaintiffs, stating that the judgment did trigger interest accrual. The Secretary appealed, arguing that the court lacked jurisdiction over claims prior to January 1, 1987, and that judicial decisions do not meet the definition of 'final determination.' The court maintained its jurisdiction, emphasizing its authority to interpret general reimbursement rules. Furthermore, the court rejected the Secretary's interpretation of the regulation, which claimed that only administrative determinations trigger interest accrual, finding it inconsistent with regulatory language. The Secretary's narrower interpretation was deemed reasonable under the Chevron doctrine, aligning with congressional intent to encourage prompt repayment of overpayments rather than underpayments. The case outcome favored the plaintiffs, affirming the district court's decision that judicial determinations trigger interest accrual on Medicare underpayments.

Legal Issues Addressed

Deference to Administrative Interpretation

Application: Discusses when courts must defer to administrative interpretations of regulations.

Reasoning: Deference to the Secretary’s interpretations is required unless they contradict the regulation itself.

Final Determination under 42 U.S.C. § 1395l(j)

Application: Determines whether a judicial decision constitutes a 'final determination' triggering interest accrual on Medicare underpayments.

Reasoning: The core issue on appeal is whether a judicial decision qualifies as a 'final determination' under 42 U.S.C. § 1395l(j), which would trigger interest accrual on unpaid Medicare underpayments.

Interpretation of 'Final Determination' in Regulations

Application: Clarifies that interest on underpayments accrues only after a carrier's final determination, excluding judicial decisions.

Reasoning: The regulation specifies that interest on underpayments accrues only after a carrier's final determination, not from judicial decisions.

Jurisdiction over Medicare Part B Claims

Application: Confirms court jurisdiction over general rules of reimbursement rather than specific claim calculations.

Reasoning: Courts possess subject matter jurisdiction over such cases, as established in Bowen v. Michigan Academy of Family Physicians, which clarifies that 42 U.S.C. 1395ff limits challenges to the reasonableness of specific claims rather than the general reimbursement rules used by carriers.