breach of the release claim i understand the theory that the reality reimbursement wasn't accordance with the formal that was specified but just put that to one side as i understand also there's a butyl mistaken claim saying that sort of read with it is that with respect to the non radiology clients will lead to the leads we don't have to reach the mutual mistake line as the issue of whether the release is remains that i think that is correct i'm a little confused frankly but i think you're correct in that the claim under the statute is that  the regulation fails to pay as a statute or act and it fails with regard to all of patients or because it didn't pay them like hospitals if we disagree with you on methodologies for outpatient services were practical and we know that because they turned around it used them to reimburse for the very ology are so there was no reason series of events as the government recognizing that they've underpaid if you're going to set up this this essentially claim for resolution process at the end of it will give you a number if you agree with that number except in a kind of release we're  t that seems to me to be in favor of a pretty broad release for the mail obviously that they have that number of their out the other way of looking at it i think is your way of looking at it is this the this was a probably calculate this is it not a case that the documentation that showed the improper calculation by the government in your view one word documents the work in your client's possession we submitted plans for reimbursement and there was an agreement that we're going to include a subset and we're going to exclude subsidy and what they did was they systematically excluded certain argument that we have it and we can go from there ok so if we had it my point is the fact that we had it didn't require us to do it the government said we're going to this case arises out of the government's discretionary into me this releases extremely badly drafted which is why i suppose we're here today and normally in a release you say ok we're giving you so much money here's the number of you amount of according to the schedule and will give you the spreadsheet that will give you the number why should we interpret that as being  to understand and they did and they could have checked it really i find it extremely strange that the release didn't say by taking this amount of money taking this amount of money you release the coins i mean it's just matter if what they were what they were entitled to it was not just a specific amount of money but was a number of different setups and if the government didn't give all those ups in exchange the government it's not releasing any claims her breach of the lease agreement release the claim with respect to one hundred thousand dollars right flank isn't it thank you i wonder my take my hypothetical we agreed to pay you one hundred thousand dollars in exchange for the release of these coins and the government doesn't pay one hundred thousand three provisions of this agreement about how to calculate these these damages i know you don't think so that assume you did it how can you possibly in force or release when they were entitled to proper performance under the  these calculations were improper as for avoided enough evidence to get past a motion to dismiss on their part that you were not following the statute and making these payments as practical as medicare because the statu because the government was moving in the direction of knocking off the hospital overhead costs and if and that's that's the issue so the government did not implement a medicare a pretty blended rate methodology in the interim final final rules what they said is they were going to pay for the services they were not paying for the location the site of the service is that was the rationale and and the basis upon which they ended up went to see a good book and i did that and then they seem to say that oh it will be that's actually wrong and that's implemented with a clean slate so that the hospitals were challenging him in a challenging this is overhead break for leaders in other courts besides here not to their satisfaction they keep challenging him and the government wanted to be in a hospice and with a clean slate so at the time of the attack on the statue ops was not the exclusive medicare approach it back they were transitioning from the old approach to the new approach so when the stats you referred to the other approach could sites so they wanted to pay for the services they were not interested in they were interested in reducing the amount they get paid for this location and the scene actor he's the technical component of the scene actually we think which is actually out medicare elements in there the medicare quote as well as it could have that is an admission and hearing chiron process the suit to which they distributed ninety eight million dollars it means that the regulation fails to comply with the