ALLINA HEALTH SERVICES v. SEBELIUS

Nos. 13-5011, 13-5015.

746 F.3d 1102 (2014)

ALLINA HEALTH SERVICES, Doing Business as Abbott Northwestern Hospital, Doing Business as Cambridge Medical Center, Doing Business as Owatonna Hospital, Doing Business as United Hospital, Doing Business as Unity Hospital, et al., Appellees v. Kathleen SEBELIUS, Secretary, United States Department of Health and Human Services, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 1, 2014.


Attorney(s) appearing for the Case

Stephanie R. Marcus , Attorney, U.S. Department of Justice, argued the cause for appellant. With her on the briefs were Stuart F. Delery , Assistant Attorney General, Ronald C. Machen Jr. , U.S. Attorney, and Anthony J. Steinmeyer , Attorney.

Stephanie A. Webster argued the cause for appellees. With her on the briefs were Christopher L. Keough , J. Harold Richards , Hyland Hunt , and Dennis M. Barry.

Opinion for the Court filed by Senior Circuit Judge SILBERMAN.


SILBERMAN, Senior Circuit Judge.

Appellees are a group of hospitals that serve a significant number of elderly, very low-income patients. Congress assumes that such patients cost more to treat than the average Medicare patients, so these hospitals are entitled to supplemental payments. These are determined by calculating what is called the "disproportionate share percentage" — a formula which is a proxy for the percentage...

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