MILTON HOSPITAL TRANSITIONAL CARE UNIT v. THOMPSON

REGGIE B. WALTON, District Judge

The plaintiff, Milton Hospital Transitional Care Unit ("Milton"), a skilled nursing facility located on the campus of Milton Hospital in Milton, Massachusetts, brings this action pursuant to the Administrative Procedure Act ("APA"), 5 U.S.C. § 701 et seq., to overturn a decision by the Secretary of the Department of Health and Human Services ("Secretary"), denying Milton a "new provider exemption" under Medicare regulation 42 C.F.R. § 413.30(e) (1997). Complaint ("Compl.") ¶¶ 1, 5. Currently before the Court are the Plaintiff's Motion for Summary Judgment ("Pl.'s Mot."), the Defendant's Motion for Summary Judgment ("Def.'s Mot."), and the parties' oppositions thereto. For the reasons set forth in the accompanying memorandum opinion, it is hereby this 27th day of June, 2005,

ORDERED that the plaintiff's motion for summary judgment is GRANTED. It is further

ORDERED that the defendant's motion for summary judgment is DENIED. It is further

ORDERED that this case shall be remanded to the agency for further consideration of the plaintiff's new provider exemption request for its skilled nursing facility.