10th Circuit

HEALTH CARE – The 10th Circuit affirmed a ruling that the Secretary of Health and Human Services does not have to reimburse a medical center for a $9.7 million loss on assets acquired as the surviving entity in a consolidation between two medical centers. J. Briscoe found that, regardless of the fair market value of the center’s depreciable assets, the consolidation was not the same as a bona fide sale. Also, the center is not entitled to Medicare reimbursement for depreciation adjustment. See ruling.