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ST. ANTHONY HOSP. v. U.S. DEPT. OF H.H.S.

No. 00-9529.

309 F.3d 680 (2002)

ST. ANTHONY HOSPITAL, Petitioner, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Appeals, Tenth Circuit.

August 28, 2002.

Attorney(s) appearing for the Case

A. Scott Johnson (Mary Hanan, Chris L. Fox, with him on the briefs), Johnson, Hanan, Heron & Trout, P.C., Oklahoma City, OK, for Petitioner.

Fran Pergericht Kuperman, Senior Counsel, (Diana L. Fogle, Senior Counsel, Edgar Bueno, Associate Counsel, with her on the brief), Special Attorneys for the U.S. Dept. of Justice, Department of Health and Human Services, Office of Counsel to the Inspector General, Washington, D.C., for Respondent.

Before LUCERO, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and STAGG, District Judge.

LUCERO, Circuit Judge.

In June 2000, the Departmental Appeals Board ("DAB") of the Department of Health and Human Services upheld the imposition of a civil monetary penalty against St. Anthony Hospital for violation of the Emergency Medical Treatment and Active Labor Act's ("EMTALA" or "Act") "reverse-dumping" provisions. ("Reverse-dumping" occurs when a hospital emergency room refuses to accept an appropriate transfer of a patient requiring its specialized capabilities...

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