PORTLAND ADVENTIST MEDICAL CENTER v. THOMPSON

No. 03-35612.

399 F.3d 1091 (2005)

PORTLAND ADVENTIST MEDICAL CENTER; Oregon Health Sciences University; Asante dba Rogue Valley Medical Center; Sacred Heart Medical Center; Salem Hospital; Tuality Healthcare dba Tuality Community Hospital; Legacy Mt. Hood Medical Center; Legacy Good Samaritan Hospital & Health Center; McKenzie-Willamette Hospital, Plaintiffs-Appellees, v. Tommy G. THOMPSON, Secretary, Department of Health & Human Services, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed March 2, 2005.


Attorney(s) appearing for the Case

August E. Flentje, Attorney, Appellate Staff Civil Division, Department of Justice, Washington, D.C., for the appellant.

Lisa Dobson Gould and Sanford E. Pitler, Bennett Bigelow & Leedom, P.S., Seattle, WA, for the appellees.

Before T.G. NELSON and RAWLINSON, Circuit Judges, and SCHWARZER, Senior District Judge.


SCHWARZER, Senior District Judge.

We must decide whether the Secretary of the Department of Health and Human Services correctly denied reimbursement to plaintiff hospitals for services to certain low-income populations based on his interpretation of the Medicare statute's Disproportionate Share Hospital (DSH) calculation. The district court held that the Secretary's interpretation of the statute governing reimbursement violated...

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