BREYER, J., dissenting
• Provisions governing exceptions to the per diem cost limits that the Secretary can authorize in respect to routine extended care service costs. St. Francis Health Care Centre v. Shalala, 205 F. 3d 937, 940−943, 947 (CA6 2000).
• A provision governing whether certain hospital costs should be classified as “routine” or “ancillary.” National Med. Enterprises, Inc. v. Shalala, 43 F. 3d 691, 694 (CADC 1995).
• A provision governing whether borrowing is considered “necessary” when the provider has funds in its funded depreciation account that are not committed by contract to a capital purpose. Sentara-Hampton Gen. Hospital v. Sullivan, 980 F. 2d 749, 751, 756−760 (CADC 1992).
• A provision restricting the type of financial arrangements for which hospitals can recover reimbursement for on-call emergency room physicians. Samaritan Health Serv. v. Bowen, 811 F. 2d 1524, 1525, 1529 (CADC 1987).
• A provision regarding the recapture of excess reimbursements resulting from a provider depreciating its assets using an accelerated method. Daughters of Miriam Ctr., 590 F. 2d, at 1254–1255.
• A provision governing whether providers are entitled to reimbursement for bad debts when States are obligated to pay those debts under Medicaid. GCI Health Care Ctrs., Inc. v. Thompson, 209 F. Supp. 2d 63, 68−69 (DC 2002).
• A provision disallowing reimbursement of stock
