ADVENTIST HEALTH SYSTEM/SUNBELT, INC. v. SEBELIUS

No. 11-5990.

715 F.3d 157 (2013)

ADVENTIST HEALTH SYSTEM/SUNBELT, INC., Plaintiff-Appellant, v. Kathleen SEBELIUS, Secretary, United States Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 22, 2013.


Attorney(s) appearing for the Case

ARGUED: Stephanie A. Webster , Akin Gump Strauss Hauer & Feld LLP, Washington, D.C., for Appellant. August E. Flentje , United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Stephanie A. Webster , Patricia A. Millett , Akin Gump Strauss Hauer & Feld LLP, Washington, D.C., Hyland Hunt , Akin Gump Strauss Hauer & Feld LLP, Dallas, Texas, for Appellant. August E. Flentje , Anthony J. Steinmeyer , United States Department of Justice, Washington, D.C., for Appellee.

Before: SUTTON and GRIFFIN Circuit Judges; HOOD, District Judge.


OPINION

HOOD, District Judge.

Plaintiff-Appellant Adventist Health System/Sunbelt, Inc. ("Adventist") asks us to review the Secretary's interpretation of the Medicaid fraction provision in the disproportionate share hospital (DSH) statute, 42 U.S.C. § 1395ww(d)(5)(F)(vi)(II) (1994), amended by Deficit Reduction Act of 2005 ("DRA"), Pub.L. 109-171 (2006), which was in effect during the period of which Plaintiff complains, from 1995 through early...

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