CLARK REGIONAL v. U.S. DEPT. OF HEALTH

No. 01-5658.

314 F.3d 241 (2002)

CLARK REGIONAL MEDICAL CENTER; Pattie A. Clay Hospital, Plaintiffs-Appellees, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 11, 2002.


Attorney(s) appearing for the Case

Alan C. Guild, Jr. (briefed), Sharon K. Hager (briefed), Hall, Render, Killian, Heath & Lyman, Louisville, KY, Keith D. Barber (argued), Hall, Render, Killian, Heath & Lyman, Indianapolis, IN, for Plaintiffs-Appellees.

Frances E. Catron (briefed), U.S. Attorney, Lexington, KY, Anthony J. Steinmeyer (briefed), U.S. Department of Justice, Civil Division, Apellate Section, Washington, DC, Howard H. Lewis (briefed), Department of Health and Human Services, Office of the General Counsel, Atlanta, GA, Linda S. Wernery (argued and briefed), U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, for Defendants-Appellants.

Before: BOGGS and COLE, Circuit Judges; BELL, Chief District Judge.


OPINION

COLE, Circuit Judge.

This dispute is about whether hospital beds licensed for acute inpatient care, but used for other purposes when not needed by inpatients, may be counted for purposes of a Medicare program designed to reimburse certain hospitals based on the number of available beds. Specifically, the Medicare program, administered by the United States Department of Health and Human Services ("Department"), provides for a supplemental payment...

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