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FRANKLIN MEMORIAL HOSP. v. HARVEY

No. 08-2550.

575 F.3d 121 (2009)

FRANKLIN MEMORIAL HOSPITAL, Plaintiff, Appellant, v. Brenda M. HARVEY, in her official capacity as the Commissioner of the Maine Department of Health and Human Services, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided August 5, 2009.

Attorney(s) appearing for the Case

Marc N. Frenette with whom Michael R. Poulin and Skelton, Taintor & Abbott were on brief for appellant.

Christopher C. Taub, Assistant Attorney General, with whom Janet T. Mills, Attorney General, and Paul Stern, Deputy Attorney General, were on brief for appellee.

Before LYNCH, Chief Judge, EBEL and LIPEZ, Circuit Judges.

LYNCH, Chief Judge.

Since 1989, Maine has required all hospitals to provide free medical services to certain low income patients under a set of statutes and regulations collectively known as "free care laws." See Me.Rev.Stat. Ann. tit. 22, §§ 1715, 1716; 10-144-150 Me.Code R. § 1.01 et seq. Maine's free care laws do not reimburse the hospitals for their expenses incurred in delivering care to low income patients, and the amount of free care that...

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