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- NOTICE: This opinion is subject to formal revision before publication in the
- preliminary print of the United States Reports. Readers are requested to
- notify the Reporter of Decisions, Supreme Court of the United States, Wash-
- ington, D.C. 20543, of any typographical or other formal errors, in order that
- corrections may be made before the preliminary print goes to press.
- SUPREME COURT OF THE UNITED STATES
- --------
- No. 91-2079
- --------
- GOOD SAMARITAN HOSPITAL, et al.,
- PETITIONERS v. DONNA E. SHALALA,
- SECRETARY OF HEALTH AND
- HUMAN SERVICES
- on writ of certiorari to the united states court
- of appeals for the eighth circuit
- [June 7, 1993]
-
- Justice White delivered the opinion of the Court.
- As a means of providing health care to the aged and
- disabled, Congress enacted the Medicare program in 1965.
- See Title XVIII of the Social Security Act, 79 Stat. 291,
- as amended, 42 U. S. C. 1395 et seq. Under the pro-
- gram, providers of health care services can enter into
- agreements with the Secretary of Health and Human
- Services pursuant to which they are reimbursed for
- certain costs associated with the treatment of Medicare
- beneficiaries. To operate the program, the Secretary
- issued regulations imposing limits on the amount of
- repayment based on a range of factors designed to approx-
- imate the cost of providing general routine patient service.
- The question before us is whether the Secretary must
- afford the six petitioning hospitals an opportunity to
- establish that they are entitled to reimbursement for costs
- in excess of such limits.
- I
- A
- A complex statutory and regulatory regime governs
- reimbursement, rough description of which is necessary
- background to this case. To begin, Congress has required
- the Secretary to repay the lesser of the -reasonable cost-
- or -customary charg[e].- See 42 U. S. C. 1395f(b)(1).
- Rather than attempt to define -reasonable cost- with
- precision, Congress empowered the Secretary to issue
- appropriate regulations setting forth the methods to be
- used in computing such costs. See 42 U. S. C.
- 1395x(v)(1)(A).
- Prior to 1972, the Secretary's regulations contemplated
- reimbursement of the entirety of a provider's services to
- Medicare patients unless its costs were found to be
- -substantially out of line- with those of similar institu-
- tions. See, e.g., 20 CFR 405.451(c) (1967). In 1972,
- apparently fueled by concern that providers were passing
- on inefficient and excessive expenses, see H. R. Rep. No.
- 92-231, pp. 82-85 (1971); S. Rep. No. 92-1230,
- pp. 188-189 (1972), Congress amended the statute to
- specify that -reasonable costs- meant only those -actually
- incurred, excluding therefrom any part of incurred cost[s]
- found to be unnecessary in the efficient delivery of needed
- health services,- 42 U. S. C. 1395x(v)(1)(A), and to
- authorize the Secretary-as part of the -methods- of
- determining costs-to establish appropriate cost limits.
- See 42 U. S. C. 1395x(v)(1)(A).
- Accordingly, the Secretary promulgated regulations,
- updated yearly and establishing routine cost limits based
- on factors such as the type of health care provider (hospi-
- tals, skilled nursing facility, etc.), type of services it
- rendered, its geographical location, size, and mix of
- patients treated. See 20 CFR 405.460 (1975). Hospitals
- are divided in terms of bed size, and of whether they are
- urban-i.e., located in a Standard Metropolitan Statistical
- Area (SMSA)-or rural. As of 1979, the labor-related
- component of provider costs was to be determined by a
- wage index keyed to the hospital's location. See, e.g., 46
- Fed. Reg. 33637 (1981).
- The regulations generally provide that reimbursable
- costs must be within the cost limits. The regulations also
- allow for adjustments to the limits as applied to a
- provider's particular claim. A provider classified as a
- rural hospital can apply for reclassification as an urban
- one. 42 CFR 413.30(d) (1992). An exemption from the
- applicable cost limits can be obtained under certain
- specified situations-e.g., when excess expenses are due
- to -extraordinary circumstances,- when the provider is the
- sole hospital in a community, a new provider, or a rural
- hospital with fewer than fifty beds. 413.30(e). In
- addition, exceptions are available for, inter alia, -atypical
- services,- extraordinary circumstances beyond the
- provider's control, unusual labor costs, or essential commu-
- nity services. 413.30(f).
- Two statutory provisions are of central importance to
- this litigation. First, apparently to protect providers'
- liquidity, the statute contemplates a system of interim,
- advance payments during the year. Specifically, the
- Secretary -shall periodically determine the amount which
- should be paid . . . and the provider of services shall be
- paid, at such time or times as the Secretary believes
- appropriate (but not less often than monthly) . . . the
- amounts so determined, with necessary adjustments on
- account of previously made overpayments or
- underpayments.- 42 U. S. C. 1395(g)(a). These interim
- payments by definition are only approximate ones, based
- on the provider's preaudit, estimated costs of anticipated
- services. See 42 CFR 413.64(e), (f) (1992). Second, the
- regulations were required to -provide for the making of
- suitable retroactive corrective adjustments where, for a
- provider of services for any fiscal period, the aggregate
- reimbursement produced by the methods of determining
- costs proves to be either inadequate or excessive.- 42
- U. S. C. 1395x(v)(1)(A)(ii) (clause (ii)).
-
- B
- Petitioners are six Nebraska hospitals certified as
- -providers- of health care services and classified as -rural-
- for Medicare purposes. Between 1980 and 1984, their
- costs exceeded the corresponding cost limits. Pursuant to
- 42 U. S. C. 1395oo, they filed an appeal to the Provider
- Reimbursement Review Board (PRRB) in which they
- challenged the validity of the applicable cost limits on two
- grounds. First, they claimed that the wage index that
- was used to calculate reasonable cost of labor did not
- account for the use of part-time employees. Because
- petitioners used a greater proportion of part-time employ-
- ees than the national average, this had the effect of
- artificially lowering their index values. In support of their
- claim, they pointed to Congress' decision in 1983 ordering
- the Secretary to conduct a wage index study to consider
- the distortion due to part-time employment, Medicare and
- Medicaid Budget Reconciliation Amendments of 1984, Pub.
- L. 98-369, 2316(a) 98 Stat. 1081, followed by the
- Secretary's own revision of the wage index in 1986 which
- accounted for part-time employees, 51 Fed. Reg. 16772
- (1986), and to Congress' directive that the revised index
- be applied to discharges occurring after May 1, 1986.
- Medicare and Medicaid Budget Reconciliation Amendments
- of 1985, Pub. L. 99-272, 9103(a), 100 Stat. 156. Second,
- they asserted that under the cost limits a rural hospital
- could not show that it incurred the same wage costs as
- its urban counterparts when in fact its location next to
- urban hospitals forced it to compete for employees by
- offering equivalent compensation. Petitioners also com-
- plained that the cost limits were applied conclusively
- rather than presumptively. Invoking clause (ii), which
- provides for -suitable retroactive corrective adjustments,-
- they argued that they were entitled to reimbursement of
- all costs they could show to be reasonable, even if they
- were in excess of the applicable cost limit.
- Because the PRRB believed that it lacked the authority
- to award the desired relief, it granted petitioners' request
- for expedited judicial review. See 42 U. S. C.
- 1395oo(f)(1). Adhering to the Eighth Circuit's decision
- in St. Paul-Ramsey Medical Center v. Bowen, 816 F. 2d
- 417 (1987), the District Court ruled for petitioners, holding
- that clause (ii) compelled the Secretary to reimburse all
- costs shown to be reasonable, regardless of whether they
- surpassed the amount calculated under the cost limit
- schedule.
- The United States Court of Appeals for the Eighth
- Circuit reversed. Good Samaritan Hospital v. Sullivan,
- 952 F. 2d 1017 (1991). The court relied on our decision
- in Bowen v. Georgetown University Hospital, 488 U. S. 204
- (1988), in which we held that clause (ii) does not permit
- retroactive rulemaking. 952 F. 2d, at 1023. It reasoned
- that petitioners' request for adjustments to correct -in-
- equalities in the system . . . would amount to a retroac-
- tive change in the methods used to compute costs that,
- after Georgetown, is invalid.- Id., at 1024. Instead, the
- Court of Appeals adopted the Secretary's more modest
- view of clause (ii) as permitting only a -year-end book
- balancing of the monthly installments- with the amount
- determined to be -reasonable- under the applicable
- regulations. Ibid. Under this approach, clause (ii)
- establishes the mechanism through which the total of the
- interim payments extended pursuant to 1395g (which
- merely purport to be estimates of actual costs) are recon-
- ciled with the postaudit amounts determined at year's end
- to be owed under the methods determining allowable
- costs. We granted certiorari to resolve a conflict among
- the Courts of Appeals. 506 U. S. ___ (1992).
-
-
- II
- A
- The starting point in interpreting a statute is its
- language, for -[i]f the intent of Congress is clear, that is
- the end of the matter.- Chevron U. S. A. Inc. v. Natural
- Resources Defense Council, Inc., 467 U. S. 837, 842 (1984).
- See also NLRB v. Food & Commercial Workers, 484 U. S.
- 112, 123 (1987). Clause (ii) instructs the Secretary to
- -provide for the making of suitable retroactive corrective
- adjustments where, for a provider of services for any fiscal
- period, the aggregate reimbursement produced by the
- methods of determining costs proves to be either inade-
- quate or excessive.- Petitioners argue that the mandate
- is clear: The methods for determining reasonable costs
- having been determined pursuant to 1395x(v)(1)(A),
- clause (ii) must be read to mean that such methods
- nonetheless might yield -inadequate or excessive- amounts
- in any particular instance. Where such is the case, it is
- submitted, the clause mandates a correction that will
- provide full reimbursement for reasonable costs.
- In contrast, the Secretary asserts that the -aggregate
- reimbursement- refers to the sum total of the interim
- payments made pursuant to 1395g. These payments are,
- of course, based on the methods chosen by the Secretary
- to determine reasonable costs, but they are only anticipa-
- tory estimates of what the providers' reimbursable costs
- will be, made before all relevant data is available. At
- year's end, when the provider's reimbursable costs for
- services actually provided during that year are on hand,
- the pre-audit -aggregate- of the interim payments can be
- compared to the postaudit amounts due under the meth-
- ods. Because the interim payments might have been
- erroneously calculated, their total might not match
- amounts owed, and adjustments must be performed to
- reconcile the two. See 42 CFR 413.64(e), (f) (1992).
- In our view, the language of clause (ii) does not itself
- clearly settle the issue before us. The clause is ambigu-
- ous in two respects. First, the -aggregate reimbursement
- produced by the methods of determining costs- could mean
- either (in petitioners' view) the amount due given proper
- application of the Secretary's regulations, or (in the
- Secretary's) the total of the interim payments, themselves
- derived from application of the methods to rough, incom-
- plete data. Second, the clause refers to -inadequate- and
- -excessive- reimbursements, but without at any point
- stating the standard against which inadequacy or exces-
- siveness is to be measured. Petitioners contend that the
- implicit referent must be the reasonable costs as estab-
- lished by the providers, without regard to the methods;
- the Secretary concludes that it must be the reasonable
- costs as determined by the agency applying the methods.
- Each of the conflicting constructions is plausible but
- each has its difficulty. Petitioners contend that although
- the interim reimbursements might lead to inaccurate
- repayments, they are not part of the methods of determin-
- ing costs to which 1395x(v)(1)(A) refers, but rather
- payment methods governed by 1395g. Moreover, the
- book-balancing role the Secretary would have us assign
- to clause (ii) arguably is already performed by 1395g,
- which mandates periodic reimbursement -prior to audit or
- settlement by the General Accounting Office . . . with
- necessary adjustments on account of previously made
- overpayments or underpayments.- The Secretary counters
- that, while clause (ii) is directed at year-end adjustments
- and designed to ensure that providers are reimbursed
- their reasonable costs, 1395g addresses periodic adjust-
- ments to be made during the course of the fiscal year;
- 1395g thus has its own role to play and is not surplus-
- age.
- The Secretary also argues that words such as -correc-
- tive- and -adjustments- more readily evoke the simple
- mathematical rectifications that she contemplates than the
- complex process of revisiting applicable methods and
- comparing the amounts paid with an ill-defined standard
- of -reasonable- costs that is called for by petitioners'
- approach. It is true that 1395x(v)(1)(A) defines reason-
- able cost as -the cost actually incurred, excluding there-
- from any part of incurred cost found to be unnecessary in
- the efficient delivery of needed health services,- and
- petitioners contend that this is the yardstick against
- which reimbursements must be measured. But the
- statute proceeds to explain that reasonable cost -shall be
- determined in accordance with regulations establishing the
- method or methods to be used.- In similar fashion, the
- 1972 amendments allow for the provision of -limits on the
- direct or indirect overall incurred costs or incurred costs
- of specific items or services or groups of items or services
- to be recognized as reasonable.- Ibid. (emphasis added).
- In short, aside from the implementing agency's determina-
- tion pursuant to its regulations, as to which Congress
- granted broad discretion, there is no available standard
- of reasonableness that could form a ready basis for
- -correct[ion]- or -adjustmen[t].-
- B
- Because both the parties and the Court of Appeals are
- of the view that Georgetown is controlling, we turn our
- attention for a moment to our decision in that case. In
- 1983, a District Court struck down the Secretary's 1981
- new cost rule for failure to comply with notice and
- comment requirements. After following proper procedures,
- the Secretary promulgated the same rule in 1984 and
- sought to apply the method retroactively for the time it
- had been held invalid. 488 U. S., at 206-207. Drawing
- on the authority of clause (ii), the Secretary thus began
- to recoup -overpayments- claimed to have been made to
- hospitals as a result of the District Court's decision. The
- precise question we faced was whether clause (ii) permit-
- ted such retroactive rulemaking. We held that it did not.
- As we explained, although clause (ii) -permits some form
- of retroactive action [it does not] provid[e] authority for
- retroactive promulgation of cost-limit rules.- Id., at 209.
- Rather,
- -clause (ii) directs the Secretary to establish a proce-
- dure for making case-by-case adjustment to reimburse-
- ment payments where the regulations prescribing
- computation methods do not reach the correct result
- in individual cases. The structure and the language
- of the statute require the conclusion that the retroac-
- tivity provision applies only to case-by-case adjudica-
- tion, not to rulemaking.- Ibid. (footnote omitted).
- As we further stated, -nothing in clause (ii) suggests that
- it permits changes in the methods used to compute costs;
- rather, it expressly contemplates corrective adjustments
- to the aggregate amounts or reimbursement produced
- pursuant to those methods.- Id., at 211 (emphasis in
- original).
- But while Georgetown eliminated across-the-board,
- retroactive rulemaking from the scope of clause (ii), it did
- not foreclose either of the two interpretations urged in
- this case: case-by-case adjustments based on a comparison
- of interim payments with -reasonable- costs as determined
- by the Secretary; and case-by-case adjustments based on
- a comparison of amounts due under the regulations with
- -reasonable- costs as demonstrated by the provider. Cf.
- id., at 209, n. 1.
- III
- A
- Confronted with an ambiguous statutory provision, we
- generally will defer to a permissible interpretation es-
- poused by the agency entrusted with its implementation.
- See National Railroad Passenger Corp. v. Boston & Maine
- Corp., 503 U. S. --, -- (1992) (slip op., at ___) Depart-
- ment of Treasury, IRS v. FLRA, 494 U. S. 922, 933 (1990);
- K mart Corp. v. Cartier, Inc., 486 U. S. 281, 291-292
- (1988). Of particular relevance is the agency's contempo-
- raneous construction which -we have allowed . . . to carry
- the day against doubts that might exist from a reading
- of the bare words of a statute.- FHA v. The Darlington,
- Inc., 358 U. S. 84, 90 (1958). See also Aluminum Co. of
- America v. Central Lincoln Peoples' Utility Dist., 467 U. S.
- 380, 390 (1984).
- In this case, the regulatory framework put in place by
- the agency in furtherance of the Medicare program
- supports the book-balancing approach to clause (ii).
- Nowhere in the regulations was there mention of a
- mechanism for implementing the kind of substantive
- recalculation and deviation from approved methods sug-
- gested by petitioners. On the other hand, the regulations
- provided on more than one occasion for the year-end book
- balancing adjustment that, in the Secretary's opinion, is
- mandated by clause (ii). For instance, 20 CFR
- 405.451(b)(1) (1967) stated:
- -These regulations also provide for the making of
- suitable retroactive adjustments after the provider has
- submitted fiscal and statistical reports. The retroac-
- tive adjustment will represent the difference between
- the amount received by the provider during the year
- . . . and the amount determined in accordance with
- an accepted method of cost apportionment to be the
- actual cost of services rendered to beneficiaries during
- the year.-
- Use of the words -suitable retroactive adjustment,- bor-
- rowed from clause (ii), demonstrates the agency's under-
- standing. As we wrote in Georgetown, -[i]t is clear from
- the language of these provisions that they are intended to
- implement the Secretary's authority under clause (ii).- 488
- U. S., at 211, n. 2 (emphasis added). What is more,
- -[t]hese are the only regulations that expressly contem-
- plate the making of retroactive corrective adjustments.-
- Id., at 212 (emphasis added). From the outset, then, the
- agency viewed clause (ii) as a directive for retroactive
- adjustment of payments for allowable costs, as determined
- by the methods.
- In the aftermath of the 1972 amendments adding the
- cost limit provision, the agency appears to have ascribed
- the same role to clause (ii), namely to retroactively correct
- the difference between interim payments and reasonable
- costs-only, as a result of the amendments, the adjust-
- ment would now be based on the new definition of reason-
- able costs, which includes the cost limits that as a general
- rule were not to be exceeded. As previously described,
- however, the regulations promulgated by the Secretary
- permitted various exceptions, exemptions, and adjustments
- to the limits. See 20 CFR 405.460(f) (1975); supra, at
- -. A provider could obtain a reclassification -on the basis
- of evidence that [its] classification is at variance with the
- criteria specified in promulgating limits.- 20 CFR
- 405.460(f)(1) (1975). Exemptions for sole community hos-
- pitals have expanded to include new providers, rural hos-
- pitals with less than 50 beds; exceptions now extend to
- atypical services, circumstances such as strikes or floods,
- educational services, essential community services, unusual
- labor costs. See 42 CFR 413.30 (1992). The agency's
- development-and continued augmentation-of a list of sit-
- uations in which the cost limits would be waived is diffi-
- cult to harmonize with an interpretation of clause (ii) that
- would give a provider the right to contest the application
- of any particular and statutorily authorized method to its
- own circumstances. Rather, it is consistent with a view
- that the cost limits by definition entailed generalizations
- that would benefit some providers while harming others,
- and with a desire to refine these approximations through
- the Secretary's creation of exceptions and exemptions.
- B
- Petitioners argue that any deference to the agency's
- current position is unwarranted in light of its shifting
- views on the matter. It is true that over the years the
- agency has embraced a variety of approaches. Compare,
- e.g., Regents of Univ. of California v. Heckler, 771 F. 2d
- 1182 (CA9 1985) (agency contends that clause (ii) permits
- only book-balancing); Whitecliff v. United States, 210 Ct.
- Cl. 53, 536 F. 2d 347 (1976) (same), with Georgetown,
- supra (agency argues that clause (ii) allows retroactive
- rulemaking). In response, the Secretary attributes such
- inconsistency to the lower courts' erroneous interpretations
- of clause (ii). If providers could obtain substantive
- retroactive adjustments in the event of alleged underpay-
- ment, the argument goes, then so, in the face of alleged
- underpayment, would the agency. However, in the
- aftermath of Georgetown, she notes that the agency
- returned to its earlier position.
- The Secretary is not estopped from changing a view she
- believes to have been grounded upon a mistaken legal
- interpretation. See Automobile Club of Michigan v.
- Commissioner, 353 U. S. 180, 180-183 (1957). Indeed,
- -[a]n administrative agency is not disqualified from
- changing its mind; and when it does, the courts still sit
- in review of the administrative decision and should not
- approach the statutory construction issue de novo and
- without regard to the administrative understanding of the
- statutes.- NLRB v. Iron Workers, 434 U. S. 335, 351
- (1978). See also NLRB v. Curtin Matheson Scientific, Inc.,
- 494 U. S. 775, 787 (1990); NLRB v. J. Weingarten, Inc.,
- 420 U. S. 251, 265-266 (1975). On the other hand, the
- consistency of an agency's position is a factor in assessing
- the weight that position is due. As we have stated, -[a]n
- agency interpretation of a relevant provision which
- conflicts with the agency's earlier interpretation is `entitled
- to considerably less deference' than a consistently held
- agency view.- INS v. Cardoza-Fonseca, 480 U. S. 421,
- 446, n. 30 (1987) (quoting Watt v. Alaska, 451 U. S. 259,
- 273 (1981)). How much weight should be given to the
- agency's views in such a situation, and in particular
- where its shifts might have resulted from intervening and
- possibly erroneous judicial decisions and its current
- position from one of our own rulings will depend on the
- facts of individual cases. Cf. FEC v. Democratic Senator-
- ial Campaign Committee, 454 U. S. 27, 37 (1981).
-
- C
- In the circumstances of this case, where the agency's
- interpretation of a statute is at least as plausible as
- competing ones, there is little, if any, reason not to defer
- to its construction. We should be especially reluctant to
- reject the agency's current view which, as we see it, so
- closely fits -the design of the statute as a whole and . . .
- its object and policy.- Crandon v. United States, 494
- U. S. 152, 158 (1990).
- Section 1395 explicitly delegates to the Secretary the
- authority to develop regulatory methods for the estimation
- of reasonable costs. See 42 U. S. C. 1395x(v)(1)(A).
- To be sure, by virtue of their being generalizations, they
- necessarily will fail to yield exact numbers-to the detri-
- ment of health care providers at times, to their benefit at
- others. Presumably, the methods could use a more
- exact mode of calculating depreciation, cf. Daughters of
- Miriam Center for the Aged v. Mathews, 590 F. 2d 1250
- (CA3 1978), account for proximity to a college or univer-
- sity because it can distort the wage index, cf. Austin,
- Texas, Brackenridge Hospital v. Heckler, 753 F. 2d 1307,
- 1316 (CA5 1985), or to a high-crime zone in which height-
- ened, and expensive, security is called for. All of these
- variables, and many others, affect actual costs; factoring
- them in the methods undoubtedly would improve their
- accuracy. But -[w]here, as here, the statute expressly
- entrusts the Secretary with the responsibility for imple-
- menting a provision by regulation, our review is limited
- to determining whether the regulations promulgated
- exceeded the Secretary's statutory authority and whether
- they are arbitrary and capricious.- Heckler v. Campbell,
- 461 U. S. 458, 466 (1983) (footnote and citations omitted).
- Besides being textually defensible, the Secretary's
- restrictive reading of clause (ii) comports with this broad
- delegation of authority. Congress saw fit to empower the
- agency to devise methods to estimate actual costs, and the
- agency has opted for the use of certain generalizations,
- with additional fine-tuning by way of exceptions, exemp-
- tions, reclassifications, and by making allowances for
- possible variations in costs consistent with efficiency. See
- n. _, supra. What the agency forbids is the kind of
- wide range, ad hoc reassessments of the accuracy of the
- chosen methods implicit in petitioners' interpretation.
- Indeed, and for all practical purposes, petitioners' conten-
- tion is that the methods chosen by the agency did not
- take into account sufficient variables, namely the propor-
- tion of part-time workers and proximity to urban centers.
- It is, in all but name, a challenge to the validity of the
- methods-albeit in an individual case-including the cost
- limits, the exceptions and the exemptions, and to their
- adequacy as gauges of reasonable costs. The Secretary
- has construed the statute to allow such attacks, not via
- clause (ii), but rather, in keeping with the broad authority
- with which she is possessed, by way of the arbitrary and
- capricious provision of the Administrative Procedure Act,
- 5 U. S. C. 706.
- IV
- The issue is not without its difficulties whichever way
- we turn. Though not the sole permissible one, the
- agency's interpretation of clause (ii), manifested in regula-
- tions promulgated soon after enactment and expressed
- today, -give[s] reasonable content to the statute's textual
- ambiguities.- Department of Treasury, IRS v. FLRA, 494
- U. S., at 933. The judgment of the Court of Appeals is
-
- Affirmed.
-