Los Angeles Haven Hospice, Inc. v. Kathleen Sebelius, No. 2:2008cv04469 - Document 65 (C.D. Cal. 2009)

Court Description: FINAL JUDGMENT AND REMAND by Judge George H. Wu: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that judgment shall be, and hereby is entered in favor of plaintiff Los Angeles Haven Hospice, Inc. ("Haven Hospice") and against defendant Kathlee n Sebelius, as Secretary of the United States Department of Health and Human Services ("HHS"), as follows: Pursuant to this Court's authority under 5 U.S.C. Section 706(2)(A) & (C) of the Administrative Procedure Act, the hospice cap r egulation at 42 C.F.R. 418.309(b)(1) is unlawful and set aside. HHS is hereby enjoined prospectively from using the current regulation found at 42 C.F.R. 418.309(b)(1) to calculate hospice cap liability for any hospice. HHS' prior calculation of Haven Hospice's cap liability for fiscal year 2006, including HHS' repayment demand of 4/2/2008, is hereby set aside. HHS is further ordered not later than one year from the date of this judgment to return prior payments by Haven Hospice o n the 2006 demand, with interest; except that, at any time prior to such return, HHS may credit any portion of such prior payments, with interest, to a new cap repayment demand to Haven Hospice for 2006, such demand to be calculated in accordance wit h 42 U.S.C. Section 1395f(i)(2). Haven Hospice is also awarded its costs which it may hereafter apply for as well as to move for an award of its attorneys' fees. This matter is remanded to HHS for proceedings not inconsistent with this judgment, except that this Court retains jurisdiction to consider application for costs and/or fees. (MD JS-6, Case Terminated). (gk)