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Newton ran for a touchdown and passed for another score as the Panthers (9-0) extended their league-best winning streak to 13 games. Newton said he thought it could be a “trap game” against the Titans, who were coming off a win over New Orleans.

“The stakes were high and they’re going to get higher each and every week,” he said.

Sutton’s 467 yards on punt returns set a Tennessee single-season record in 2015, eclipsing the mark held by Bobby Majors.

Sutton had the rare distinction of starting every game he played (45 of them) at Tennessee during his four-year career.

3 139500 (f)(l) cc: Gary Gerber, Tri-Span Health Services Wilson Leong, BCBSA) FOR THE BOARD: - , , ', ~d&de Chairman Cochran, Esq. 03-0180 MARY SUSAN PHl LP (202) 872-6735 [email protected] JAN 27 2W6 l OR% ~E~%"O"A"RQ SEMENT Dear Ms. It should be noted that the types of days discussed above are not necessarily the only types of excluded days. Days for patients that cannot be verified by State records to have fallen within a period wherein the eligible for Medicaid as described in this memo- randum cannot be counted.

The Provider requests that the Board follow its determination in these cases and grant EJR in the instant case. In addition, if a given patient day affects the level of Medicaid DSH payments lo the hospital but the patient is not eligible for Medicaid under a State plan approved under Title XIX on that day, the day is not included in the Medi- care DSH calculation. The hospi- tal is responsible for and must provide adequate documentation to substantiate the number of Medicaid days claimed.

03-0108,04-0110 and 05-0678 COURT TRANSCRIPT INDEX Pane No(s). 05-0678: PRRB Letter, dated March 8, 2006, regarding Pending Issue PRRB Decision, dated March 7,2006, granting Expedited Judicial Review Provider's Request, dated February 10, 2006, for Expedited Juridical Review, with Exhibits Portion of Provider's Position Paper regarding Disproportionate Share Issue, with Exhibits Portion of Intermediary's Position Paper regarding Disproportionate Share Issue Correspondence regarding Critical Due Dates Provider's Request, dated February 2, 2005, for Hearing, with Notice of Program Reimbursement and Supporting Documents Case -cv-00579-RJL Document 10-2 Filed 06/22/2006 Page 4 of 212 Baltimore MD 21244-2670 FAX: 41 0-786-5298 Phone: 410-786-2671 Reler to 03-0 180 CERTIFIED MAIL Mary Susan Philp, Esq. The estimated amount in controversy is subject to recalculation by the Intermediary for the actual final amount. 5 405.1867); and 4) it is without the authority to decide the legal question of whether the regulation, 42 C. Accordingly, the Board finds that the section 1 115 waiver issue properly fails within the provisions of 42 U. The Provider has 60 days from the receipt of this decision to institute the appropriate action for judicial review. Hospitals T h a t Received Payments Reflecting t h e Erroneous Inclusion of D a y s a t Issue In practical terms this means that you are not to reopen any cost reports for cost reporting periods beginning before January 1, 2000 to disallow the portions of Medicare DSH pay- ments attributable to the erroneous inclusion of general assistance or other State-only health program, charity care.

Powers, Pyles, Sutter & Verville, PC Twelfih Floor 1875 Eye Street, N. The Board finds that: 1) it has jurisdiction over the matter for the subject year and the Provider is entitled to a hearing before the Board; 2) based upon the Provider's assertions regarding the section 1 1 15 waiver issue, there are no findings of fact for resolution by the Board; 3) it is bound by the applicable existing Medicare law and regulation (42 C. The graduate medical education issue will remain pending in this case. Medicaid DSH, and/or ineligible waiver or demonstration population days if the hospital received payments for those days based on those cost reports.

03-0108,04-0110 and 05-0678 COURT TRANSCRIPT INDEX Page No(s). 03-0108: PRRB Decision, dated February 2, 2006, granting Expedited Judicial Review Provider's Request, dated January 26,2006, for Expedited Juridical Review, with Exhibits Correspondence regarding Critical Due Dates Provider's Request, dated Novemberl9,2002, for Hearing, with Notice of Program Reimbursement and Supporting Docuinents Documents pertaining to Case No. Chairperson Anjali Mulchandani-West FEB-22006 I I 1 RE: Methodist Hospital of Memphis Provider No.44-00 1/98 PRRB Case No. Philp: This is in response to the Provider's request that the Provider Reimbursement Review Board (Board), pursuant to 42 U. The Provider believes that this regulation conflicts with 42 U. Section 139500(f)(l) permits providers that have requested and are entitled to a hearing before the Board under 42 U. The Board has reviewed the submissions of the Provider pertaining to the requests for hearing and expedited judicial review. That policy was reflected in the determination of the Provider's intermediary in this appeal and was the subject of formal CMS pronouncements, including Program Memorandum A-99-62, which, subject to very limited exceptions, indicated that Section 1 11 5 waiver days should be excluded from the DSH calcu- lation.' In addition, on January 20,2000, CMS issued a regulation that instructed intermediaries to include Section 11 1'5 waiver days in the DSH calculation, but only prospectively. This is consistent with HCFA's determination that hos- pitals and intermediaries relied, for the most part, on Medicaid days data obtained from State Medicaid agencies to compute Medicare DSH payments and that some of those agencies Medicare and Medicaid Guide commingled the types of otherwise ineligible days listed above with Medicaid Title XIX days in the data transmitted to hospitals and/or in- termediaries.

04-01 10: PRRB Decision, dated February 2, 2006, granting Expedited Judicial Review Provider's Request, dated January 26, 2006, for Expedited Juridical Review, with Exhibits Correspondence regarding Critical Due Dates Provider's Request, dated November 5,2003, for Hearing, with Notice of Program Reimbursement and Supporting Documents 1-2 3-23 24-25 26-40 4 1-42 43-63 64-65 66-77 Case -cv-00579-RJL Document 10-2 Filed 06/22/2006 Page 3 of 212 Methodist Hospital of Memphls PRRB Case Nos. The documentation shows that the estimated Case -cv-00579-RJL Document 10-2 Filed 06/22/2006 Page 5 of 212 Provider k_ Anbursement Review Board Page 2 Mary Susan Philp I i f CN 03-0 180 amount in controversy for the appeal exceeds ,000, as required. 5 4 12.106(b)(4)(ii), which excludes section 1 1 15 expansion waiver days from the calculation of the disproportionate share adjustment prior to January 20, 2000, is valid. 5 139500 (f)(l) and hereby grants the Provider's request for expedited judicial review for the issue and the subject year. Although HCFA has decided to allow the hospitals to be held harmless for re- ceiving additional payments resulting from the erroneous inclusion of these types of otherwise ineligible days, this decision is not intended to hold hospitals harmless for any other aspect of the calculation of Medicare DSH payments or any other Medicare payments.