Michael L. BURDITT, M.D., Petitioner,
v.
U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
July 9, 1991.
July 9, 1991.
Attorney(s) appearing for the Case
William Dewitt Alsup, Corpus Christi, Donald P. Wilcox, Gen. Counsel, Hugh M. Barton, Asst. Gen. Counsel, Tex. Med. Assoc., Austin, Tex., for petitioner.
Kimberly Davenport, San Francisco, Cal., for amicus curiae Cal. Med. Ass'n.
Mark E. Haddad, Carter G. Phillips, Sidley & Austin, Washington, D.C., for amicus curiae American Med. Ass'n.
Charles W. Bailey, Austin, Tex., for amicus curiae Tex. Hosp. Assoc.
Leslie M. Shaw, John J. Meyer, Dept. of HHS, Office of Gen. Counsel, Inspector Gen. Div., and Michael J. Astrue, Gen. Counsel, David V. Foster, Sp. Asst., USDHH, Washington, D.C., for respondent.
Mike Driscoll, County Atty., Dori A. Wind, Asst. County Atty., Houston, Tex., for amicus curiae Harris County Hosp. Dist.
Ann Torregrossa, Chester, Pa., G. Gordon Bonneyman, Legal Service of Middle Tenn., Nashville, Tenn., for amici curiae Pa. Consumer Subcommittee, et al.
Ronald Ellis, Julius Levonne, Chambers, Marianne Lado, NAACP Legal Defense and Ed. Fund, Inc., and Alison Wetherfield, Martha F. Davis, NOW Legal Defense and Ed. Fund, New York City, for amici curiae NAACP Legal Def. and Ed. Fund, et al.
David C. Vladeck, Public Citizen Litigation Group, Washington, D.C., for amici curiae Congressman Henry Waxman, et al.
James L. Feldesman, Jacqueline C. Leifer, Roger A. Schwartz, Feldesman, Tucker, Leifer, Fidell & Bank, Washington, D.C., for amici curiae Assoc. of Maternal and Child Health Programs and Nat. Assoc. of Comm. Health Centers.
Brenda Willett, East Tex. Legal Services, Nacogdoches, Tex., for amici curiae Doris Spencer, Lendy Gooch, et al.
Michael T. Isbell, Evan Wolfson, New York City, and Ruth Eisenberg, Washington, D.C., for amici curiae Lamda Legal Def., etc.
Before REAVLEY, HIGGINBOTHAM and DUHÉ, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
REAVLEY, Circuit Judge:
Hospitals that execute Medicare provider agreements with the federal government pursuant to 42 U.S.C. § 1395cc must treat all human beings who enter their emergency departments in accordance with the Emergency Medical Treatment and Active Labor Act (EMTALA), 42 U.S.C. § 1395dd.1 Hospitals and responsible physicians found to have violated EMTALA's requirements are subject to civil money penalties. The present...
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