No. 99-57009

259 F.3d 1071 (2001)

Alhambra Hospital; Memorial Hospital of Gardena, Plaintiffs-Appellants, v. Tommy G. Thompson, Secretary, Ddp UNITED STATES Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 7, 2001

Attorney(s) appearing for the Case

Jonathan P. Neustadter and Laurence D. Getzoff, Hooper, Lundy & Bookman, Inc., Los Angeles, California, for the plaintiffs-appellants.

Mark S. Davies, Department of Justice, Civil Division, Washington, D.C., for the defendant-appellee.

Before: Pamela Ann Rymer, Michael Daly Hawkins, and Ronald M. Gould, Circuit Judges.

Argued and Submitted May 9, 2001 — Pasadena, California

HAWKINS, Circuit Judge:

We are again confronted1 with the failure of the Secretary of Health and Human Services ("the Secretary") to implement properly the "disproportionate share" provision of the Medicare statute, 42 U.S.C. § 1395ww(d)(5)(F)(vi). This provision provides for increased Medicare reimbursement to hospitals that serve a disproportionate number of...

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