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BARTLETT MEMORIAL MEDICAL CENTER, INC. v. THOMPSON

Nos. 02-6142, 02-6152.

347 F.3d 828 (2003)

BARTLETT MEMORIAL MEDICAL CENTER, INC.; Comanche County Hospital Authority, d/b/a Comanche County Memorial Hospital; Hillcrest Medical Center; SSM Mission Hill Corporation, d/b/a Mission Hill Memorial Hospital; Midamerica Health Care, Inc., d/b/a Shawnee Regional Hospital; Pauls Valley General Hospital; Sisters of Sorrowful Mother — St. John Ministry Corporation, d/b/a St. John Medical Center; University Hospitals Authority, d/b/a University Hospital, Plaintiffs-Appellees/Cross-Appellants, v. Tommy G. THOMPSON, Secretary, Department of Health and Human Services, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

October 20, 2003.

Attorney(s) appearing for the Case

Anne Murphy, Attorney, Appellate Staff Civil Division, United States Department of Justice, Washington, DC (Robert D. McCallum, Jr., Assistant Attorney General, United States Department of Justice, Washington, DC, Robert G. McCampbell, United States Attorney, Oklahoma City, OK, and Anthony J. Steinmeyer, Attorney, Appellate Staff Civil Division, United States Department of Justice, Washington, DC, with her on the briefs), for Defendant-Appellant/Cross-Appellee.

Sanford E. Pitler, Bennett, Bigelow & Leedom, P.S., Seattle, WA (Lisa Dobson Gould, Bennett Bigelow & Leedom, P.S., Seattle, WA, with him on the briefs), for Plaintiffs-Appellees/Cross-Appellants.

Before EBEL and BRISCOE, Circuit Judges, and SHADUR, Senior District Judge.

EBEL, Circuit Judge.

The Medicare Act, 42 U.S.C. §§ 1395 et seq., contains a "disproportionate share hospital" (DSH) provision which permits additional reimbursement to hospitals that handle a disproportionate share of low-income patients. In the mid-1990s, many hospitals, including Plaintiffs, sued the Secretary1 of Health and Human Services (HHS), claiming that his regulations improperly...

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