Is the Secretary of State for Health and Social Services inconsistent in her interpretation of the PRO Payment Rule?
The following excerpt is from Queen of Angels/Hollywood Presbyterian Medical Center, Swedish Hospital Corporation, d/b/a Swedish Hospital Medical Center, Saint Mary's Regional Medical Center v. Donna E. Shalala, Secretary of Health & Human Services, 65 F.3d 1472 (9th Cir. 1995):
Nevertheless, even if these scattered statements suggest that the Secretary has been somewhat inconsistent in her view of the PRO Payment Rule, such past inconsistencies cannot override the plain language of the statute. Moreover, even if we again assume the statute is ambiguous, the Secretary's inconsistency is probably insufficient alone to invalidate her interpretation. In Good Samaritan Hospital v. Shalala, --- U.S. ----,
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