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HENRY FORD HEALTH SYSTEM v. DEPT. OF HEALTH

No. 10-1209.

654 F.3d 660 (2011)

HENRY FORD HEALTH SYSTEM, dba Henry Ford Hospital, Plaintiff-Appellee, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 18, 2011.

Attorney(s) appearing for the Case

ARGUED: Robert D. Kamenshine , United States Department of Justice, Washington, D.C., for Appellant. Ronald S. Connelly , Powers Pyles Sutter & Verville PC, Washington, D.C., for Appellee. ON BRIEF: Robert D. Kamenshine , Scott R. McIntosh , United States Department of Justice, Washington, D.C., for Appellant. Ronald S. Connelly , Powers Pyles Sutter & Verville, PC, Washington, D.C., for Appellee.

Before: KENNEDY, BOGGS and SUTTON, Circuit Judges.

OPINION

SUTTON, Circuit Judge.

"My effort is in the direction of simplicity," once wrote the namesake of the Henry Ford Hospital. Henry Ford, My Life and Work 13 (Garden City Publ'g Co.1922). Mr. Ford apparently had nothing to do with the creation of the Medicare program.

At issue is whether the federal government must reimburse teaching hospitals for the time their residents spent conducting pure research in the 1990s. The answer turns on...

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