Opinion
13-CV-7325-FB-JO
02-02-2017
LUTHERAN MEDICAL CENTER, Plaintiff, v. SYLVIA MATHEWS BURWELL, in her official capacity as Secretary of the United States Department of Health and Human Services, Defendant.
Appearances: For the Plaintiff: ROY W. BREITENBACH COURTNEY A. ROGERS Garfunkel Wild, P.C. 111 Great Neck Road Great Neck, New York 11021 For the Defendant: ROBERT L. CAPERS United States Attorney Eastern District of New York 271 Cadman Plaza East Brooklyn, New York 11201 By: DANA A. OLDS Assistant United States Attorney
MEMORANDUM & ORDER Appearances:
For the Plaintiff:
ROY W. BREITENBACH
COURTNEY A. ROGERS
Garfunkel Wild, P.C.
111 Great Neck Road
Great Neck, New York 11021 For the Defendant:
ROBERT L. CAPERS
United States Attorney
Eastern District of New York
271 Cadman Plaza East
Brooklyn, New York 11201 By: DANA A. OLDS
Assistant United States Attorney BLOCK, Senior District Judge :
Lutheran Medical Center ("Hospital"), a not-for-profit, general hospital, brings this action against Sylvia Mathews Burwell, in her capacity as Secretary of the Department of Health and Humans Services ("Secretary"), to challenge the decision of the Provider Reimbursement Review Board ("PRRB") that it did not have jurisdiction to consider certain issues. Both parties move for judgments on the pleadings. Involving the same parties who appeared before and the same issues resolved by the Court in Lutheran Med. Ctr. v. Burwell, Nos. 14-cv-731 (FB) (RML), 14-cv-732 (FB) (RML), 2016 WL 3882896 (E.D.N.Y. July 13, 2016) ("Lutheran I & II"), the parties do not dispute the veracity of this matter's singularly dispositive fact: Lutheran failed to comply with the PRRB's strict deadline for filing its final position paper, see Pl.'s Mem. Supp. MSJ at 10; Def.'s Mem. Supp. MSJ at 7-8.
Although the complaint in this case was filed before Lutheran's pleadings in Lutheran I & II, the summary judgment motions in Lutheran I & II were fully briefed before the parties moved for judgment on the pleadings here. Neither party has filed anything in this matter since submitting its dispositive motion on April 20, 2016. --------
Accordingly, for the reasons stated in Lutheran, 2016 WL 3882896, at *3-4, the Hospital's motion for summary judgment is DENIED, the Secretary's cross-motion for summary judgment or, in the alterative, for judgment on the pleadings is GRANTED, and the Hospital's complaint is DISMISSED.
SO ORDERED
/S/ Frederic Block
FREDERIC BLOCK
Senior United States District Judge Brooklyn, New York
February 2, 2017