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BAYSTATE MEDICAL CENTER v. LEAVITT

Civil Action No. 06-1263 (JDB).

545 F.Supp.2d 20 (2008)

BAYSTATE MEDICAL CENTER, Plaintiff, v. Michael O. LEAVITT, Secretary, United States Department of Health and Human Services, et al., Defendants.

United States District Court, District of Columbia.

March 31, 2008.

Attorney(s) appearing for the Case

Christopher L. Keough, John Martin Faust, Stephanie Ann Webster, Vinson & Elkins, L.L.P., Washington, DC, for Plaintiff.

Brian G. Kennedy, Lisa Ann Olson, U.S. Department of Justice, Washington, DC, for Defendants.

Robert L. Roth, Crowell & Moring LLP, Washington, DC, for Auburn Regional Medical Center.

MEMORANDUM OPINION

JOHN D. BATES, District Judge.

The Secretary of the Department of Health and Human Services, through the Centers for Medicare and Medicaid Services ("CMS"), is responsible for providing payments known as "disproportionate share hospital" adjustments to hospitals that serve a significantly disproportionate share of low income patients, as set forth under the Medicare statute, Title XVIII of the Social Security Act, 42 U.S.C. §...

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