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CHERUKURI v. SHALALA

No. 97-4464.

175 F.3d 446 (1999)

Theodore CHERUKURI, M.D., Petitioner, v. Donna E. SHALALA, Secretary of the Department of Health and Human Services, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided May 3, 1999.

Attorney(s) appearing for the Case

John D. Preston (briefed), Chad G. Perry, III (briefed), Perry, Preston & Miller, Paintsville, Kentucky, Gregory C. Lisa (argued and briefed), Paul M. Smith, Jenner & Block, Washington, D.C., for Petitioner.

Carol Weil, Jessica A. Bowman, Office of the General Counsel, Department of Health and Human Services, Barbara C. Biddle (briefed), Carl E. Goldfarb (argued and briefed), U.S. Department of Justice, Civil Division, Appellate Staff, Washington, D.C., for Respondent.

Paul M. Smith (briefed), Jenner & Block, Washington, DC, for Amicus Curiae American College of Surgeons.

Before: MERRITT, NORRIS, and GILMAN, Circuit Judges.

OPINION

MERRITT, Circuit Judge.

This appeal by Dr. Cherukuri, a surgeon, arises from the decision of the Secretary of Health and Human Services that the transfer of two patients violates the Emergency Medical Treatment and Active Labor Act, 42 U.S.C. § 1395dd, enacted in 1985, and now given the acronym, "EMTALA." EMTALA regulates emergency room care in hospitals that accept Medicare patients and was passed ostensibly to prevent "patient dumping" of...

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