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RHODE ISLAND HOSP. v. LEAVITT

No. 07-2673.

548 F.3d 29 (2008)

RHODE ISLAND HOSPITAL, Plaintiff, Appellee, v. Michael O. LEAVITT, in his capacity as Secretary of Health and Human Services; Department of Health and Human Services, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided November 17, 2008.

Attorney(s) appearing for the Case

Robert D. Kamenshine, Appellate Section, Civil Division, United States Department of Justice, with whom Gregory G. Katsas, Acting Assistant Attorney General, Robert Clark Corrente, United States Attorney, Scott R. McIntosh, Appellate Section, Civil Division, United States Department of Justice, James C. Stansell, Acting General Counsel, United States Department of Health and Human Services, Nancy S. Nemon, Chief Counsel, Region I, United States Department of Health and Human Services, and Clifford M. Pierce, Assistant Regional Counsel, Region I, United States Department of Health and Human Services, were on brief, for appellant.

Robert G. Flanders, with whom Mitchell R. Edwards, Hinckley, Allen & Snyder LLP, Lawrence W. Vernaglia, and Foley & Lardner LLP were on brief, for appellee.

Before TORRUELLA, BALDOCK, and HOWARD, Circuit Judges.

BALDOCK, Circuit Judge.

Congress established the Medicare program in 1966 to provide health insurance to the elderly and disabled. See 42 U.S.C. § 1395 et seq. Part A of that program covers, inter alia, expenses related to inpatient hospitalization. The amount Medicare pays for these services is generally determined under the prospective payment system (PPS). See Robert Wood Johnson Univ. Hosp. v. Thompson, 297 F.3d 273

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