PHOENIX MEMORIAL HOSP. v. SEBELIUS

No. 09-15506.

622 F.3d 1219 (2010)

PHOENIX MEMORIAL HOSPITAL; Casa Grande Regional Medical Center; University Medical Center; John C. Lincoln Hospital-North Mountain; St. Joseph's Hospital & Medical Center; Maricopa County Medical Center; Chandler Regional Hospital; Phoenix Baptist Hospital, Plaintiffs-Appellants, v. Kathleen SEBELIUS, in her official capacity as Secretary, U.S. Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 21, 2010.


Attorney(s) appearing for the Case

Roger N. Morris , Melody Ann Emmert , Lisa E. Davis , Quarles & Brady LLP, Phoenix, AZ, for the plaintiffs-appellants.

Tony West , John J. Tuchi , Anthony J. Steinmeyer , August E. Flentje , Department of Justice, Washington, D.C., for the defendant-appellee.

Before: BETTY B. FLETCHER, RICHARD R. CLIFTON, and CARLOS T. BEA, Circuit Judges.


OPINION

B. FLETCHER, Circuit Judge:

Eight Arizona hospitals that all receive federal reimbursement for treating Medicare patients appeal the district court's grant of summary judgment in favor of the Secretary of Health and Human Services. The hospitals argue that the adjustment they receive for serving disproportionately high numbers of low-income patients should be increased because the reimbursement does not account for all low-income patients included...

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