PRRB Dec. No. 2010-D38

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Decision Number
PRRB Dec. No. 2010-D38
Case Name
King & Spalding Inclusion of Medicare Advantage Days in 2007 SSI Ratios Group/Shands HealthCare Inclusion of Medicare Advantage Days in 2007 SSI Ratios Group/North Shore-Long Island Jewish HS Inclusion of Medicare Advantage Days in 2007 SSI Ratios Group vs. BlueCross BlueShield Association/National Government Services-IN/First Coast Service Options
Issue
Whether the Board properly granted jurisdiction over the Provider's request for expedited judicial review (EJR) over the question of whether Medicare Part C days should be excluded from the numerator and denominator of the Supplemental Security Income (SSI) fraction of the disproportionate share (DSH) adjustment; whether the Board should grant the Provider's request for EJR over the validity of the regulations which insulate the Centers for Medicare and Medicaid Services from discovery and the Board's subpoena power; and whether the Board should grant the Provider's request for EJR over failure by the Secretary to comply with section 951 of the Medicare Modernization Act.

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