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DETROIT REC. HOSP., UNIV. HEALTH CTR. v. SEBELIUS

No. 08-1920.

575 F.3d 609 (2009)

DETROIT RECEIVING HOSPITAL AND UNIVERSITY HEALTH CENTER; Oakwood Annapolis Hospital; Beyer Hospital; Botsford General Hospital; Oakwood Hospital and Medical Center; Garden City Hospital; Genesys Regional Medical Center; Grace Hospital; Harper Hospital; Oakwood Heritage Hospital; Hurley Medical Center; Huron Valley Hospital; Hutzel Hospital; Metropolitan Hospital; Mount Clemens General Hospital; Port Huron Hospital; Rehabilitation Institute of Michigan; St. Luke's Hospital of Kansas City; Oakwood Southshore Medical Center; Sinai Hospital; Spectrum Health-Butterworth Campus; W.A. Foote Memorial Hospital; University of Michigan Hospitals and Health Centers, Plaintiffs-Appellants, v. Kathleen SEBELIUS, In her official capacity as Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 30, 2009.

Attorney(s) appearing for the Case

ARGUED: Andrew S. Doctoroff, Honigman Miller Schwartz and Cohn LLP, Detroit, Michigan, for Appellant. Steven P. Croley, Assistant United States Attorney, Detroit, Michigan, for Appellee. ON BRIEF: Andrew S. Doctoroff, Kenneth R. Marcus, Honigman Miller Schwartz and Cohn LLP, Detroit, Michigan, for Appellant. Elizabeth J. Larin, Assistant United States Attorney, Detroit, Michigan, for Appellee.

Before: CLAY and ROGERS, Circuit Judges; JORDAN, District Judge.

OPINION

ROGERS, Circuit Judge.

The plaintiffs are hospitals that provide services to patients under both Medicare and Medicaid. Medicare beneficiaries are billed co-payments and deductibles for the services provided to them, and in some cases the Medicare beneficiaries cannot or will not pay. The beneficiaries in this case also have Medicaid as a secondary insurer, and Medicaid may cover these out-of-pocket costs, but in some circumstances Medicaid only...

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