PAMC is a general acute care hospital that was a duly certified provider of inpatient hospital services under the Medicare program and participated in the RHQDAPU program. PAMC missed the deadline for submitting quality data regarding second-quarter discharges for the fiscal year 2007. The deadline was 11:59 p.m. CST on November 20, 2007. PAMC’s third-party vendor, Thomson Reuters (Thomson), which was responsible for submitting PAMC’s data, failed to do so until 12:27 p.m. CST on November 21, 2007. Both PAMC and Thomson acknowledged that PAMC’s failure to meet the deadline was Thomson’s fault. CMS notified PAMC that the failure to timely submit data would result in a two percent reduction of its market basket update.
PAMC filed a request for reconsideration with CMS, and contended that, among other things, it had been diligent, its filing was not very late, and any failure to meet the requirement should be excused because it was due to Thomson’s error. CMS denied the request on the basis that the failure to make a timely submission was due to vendor error, which is not a ground for reconsideration.
Judge(s): Ferdinand F. Fernandez
Jurisdiction: U.S. Court of Appeals, Ninth Circuit
Related Categories: Administrative Law
|Circuit Court Judge(s)|
|Trial Court Judge(s)|
|Plaintiff Lawyer(s)||Plaintiff Law Firm(s)|
|Lloyd Bookman||Hooper Lundy & Bookman PC|
|Tracy Jessner||Hooper Lundy & Bookman PC|
|Defendant Lawyer(s)||Defendant Law Firm(s)|
|André Birotte Jr.||U.S. Department of Justice|
|Stuart Delery||U.S. Department of Justice|
|Stephanie Marcus||U.S. Department of Justice|
|Mark Stern||U.S. Department of Justice|