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Try CasePortal for FreeJ. Kelly grants the hospital's motion for summary judgment in its suit against the Secretary of Health and Human Services challenging an administrative finding that the Provider Reimbursement Review Board could not review the hospital's full-time equivalent resident cap for the years from 2004-2007, in which it inadvertently omitted four programs from reimbursement calculations. The Board's decision was based on a flawed reading of the Medicare Modernization Act. The hospital's full-time equivalent resident cap was not an unreviewable "determination" made by the Secretary. Even if it was, the 2006 and 2007 caps are not precluded from review, since the Secretary only used the hospital's 2002 cap in determining the hospital's "otherwise applicable resident limit."