171207P.pdf   08/19/2019  Kearney Regional Medical Ctr.  v.  US Dept of Hlth & Human Svcs
   U.S. Court of Appeals Case No:  17-1207
   U.S. District Court for the District of Nebraska - Lincoln   
   [PUBLISHED] [Colloton, Author, with Smith, Chief Judge, and Beam, Circuit 
   Judge] 
   Civil case - Medicare. Kearney sought judicial review of a decision by the 
   U.S. Department of Health and Human Services Departmental Appeals Board 
   preventing Kearney from participating in Medicare and receiving 
   reimbursements for an 87-day period in 2014. The District Court granted 
   summary judgment to the Department and Kearney appeals. Held: the Appeals 
   Board failed to adequately explain the legal standard it applied in 
   resolving Kearney's administrative appeal; the court is simply unable to 
   discern what meaning the Appeals Board attributed to 42 U.S.C. Sec. 
   1395x(e)(1) and the definition of hospital; without an adequate 
   explanation for what time period the agency considered in determining 
   whether Kearney was "primarily engaged" in providing care, the court 
   cannot resolve whether the Appeals Board's decision correctly applied the 
   relevant legal standards; the judgment is reversed and remanded with 
   directions to return the case to the agency.