ADVENTIST GLENOAKS HOSP. v. SEBELIUS

No. 10-3460.

663 F.3d 939 (2011)

ADVENTIST GLENOAKS HOSPITAL, et al., Plaintiffs-Appellants, v. Kathleen SEBELIUS, Secretary, United States Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 15, 2011.


Attorney(s) appearing for the Case

Keith D. Barber (argued), Attorney, Hall, Render, Killian, Heath & Lyman,, Indianapolis, IN, for Plaintiffs-Appellants.

Amanda A. Berndt , Attorney, Office of the United States Attorney, Marion Wanless (argued), Attorney, Department of Health and Human Services, Office of the Chief Counsel, Region V, Chicago, IL, for Defendant-Appellee.

Before CUDAHY, MANION, and SYKES, Circuit Judges.


SYKES, Circuit Judge.

One of the factors affecting the amount of Medicare reimbursement a hospital receives from the Department of Health and Human Services ("HHS") is the average hourly wage of the employees in its geographic region. HHS currently includes paid lunch hours in that calculation. The plaintiffs here—more than 80 hospitals in Rhode Island, Kentucky, and greater Chicago—object to this practice because some hospitals in their regions give...

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