The U.S. District Court for the District of Columbia recently upheld the Centers for Medicare and Medicaid Services (CMS) Administrator’s finding that a statutory merger was not a bona fide sale and as a result, the surviving entity could not recover a Medicare loss on the merged entity’s depreciable assets. St. Luke’s Hosp. v. Sebelius, No. 08-0883 (D.D.C. Sept. 30, 2009).
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