AMISUB (PSL) v. STATE OF COLO. DSS

No. 88-2482.

879 F.2d 789 (1989)

AMISUB (PSL), INC., d/b/a AMI St. Luke's Hospital, Inc., AMI Presbyterian Denver Hospital, Inc., and AMI Presbyterian Aurora Hospital, Inc., Plaintiffs/Appellants, v. The STATE OF COLORADO DEPARTMENT OF SOCIAL SERVICES, and Irene M. Ibarra, Executive Director of the State of Colorado, Department of Social Services, Defendants/Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied August 31, 1989.


Attorney(s) appearing for the Case

Patric Hooper (L. Richard Freese, Jr., and Sharon E. Caulfield of Davis, Graham & Stubbs, Denver, Colo., with him on the briefs), Hooper, Lundy & Bookman, Inc., Los Angeles, Cal., for plaintiffs/appellants.

Wade S. Livingston, Asst. Atty. Gen. (Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen. and Richard H. Forman, Sol. Gen., Denver, Colo., with him on the brief), for defendants/appellees.

Wayne J. Fowler of Saunders, Snyder, Ross & Dickson, P.C., Denver, Colo., on the briefs, for amicus curiae American Hosp. Ass'n and amicus curiae Colo. Hosp. Ass'n.

Michael F. Anthony, Jeffrey M. Teske, Lawrence E. Singer, Chicago, Ill., on the brief, for amicus curiae American Hosp. Ass'n.

Before ANDERSON, BARRETT and BRORBY, Circuit Judges.


BRORBY, Circuit Judge.

Plaintiffs, three licensed Colorado hospitals (hereinafter "appellants" or "Hospitals") appeal from a final judgment against them. 698 F.Supp. 217. As Medicaid providers, they challenged the State of Colorado's system for reimbursement of inpatient hospital services as violative of 42 U.S.C. § 1396 et seq. (1989 Supp.) (hereinafter "Medicaid Act"). On appeal, appellants allege the district court...

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