DIST MEMORIAL HOSP. OF SW NC v. THOMPSON

No. 03-1401.

364 F.3d 513 (2004)

DISTRICT MEMORIAL HOSPITAL OF SOUTHWESTERN NORTH CAROLINA, INCORPORATED, Plaintiff-Appellee, v. Tommy G. THOMPSON, SECRETARY, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, in his official capacity, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 12, 2004.


Attorney(s) appearing for the Case

ARGUED: Mark Simon Davies, Civil Division, Appellate Staff, United States Department of Justice, Washington, D.C., for Appellant. Susan McNear Fradenburg, Smith Moore, L.L.P., Greensboro, North Carolina, for Appellee. ON BRIEF: Peter D. Keisler, Assistant Attorney General, Robert J. Conrad, Jr., United States Attorney, Scott R. McIntosh, Attorney, Civil Division, Appellate Staff, United States Department of Justice, Washington, D.C., for Appellant. Maureen Demarest Murray, Smith Moore, L.L.P., Greensboro, North Carolina, for Appellee.

Before NIEMEYER, KING, and DUNCAN, Circuit Judges.


Reversed by published opinion. Judge Niemeyer wrote the opinion, in which Judge King and Judge Duncan joined.

NIEMEYER, Circuit Judge:

The Secretary of Health and Human Services denied District Memorial Hospital of Southwestern North Carolina, Inc., a special reimbursement that is available under the Medicare program to hospitals providing inpatient acute care to a "significantly disproportionate number of low-income patients." This special reimbursement...

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