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ATRIUM MED. CENTER v. DEPT. OF HEALTH & HUMAN SERV.

No. 13-3288.

766 F.3d 560 (2014)

ATRIUM MEDICAL CENTER, et al., Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 8, 2014.

Attorney(s) appearing for the Case

ARGUED: Keith D. Barber , Hall Render Killian Heath & Lyman, P.C., Indianapolis, Indiana, for Appellants. Brett Bierer , United States Department Of Health & Human Services, Baltimore, Maryland, for Appellees. ON BRIEF: Keith D. Barber , N. Kent Smith , Hall Render Killian Heath & Lyman, P.C., Indianapolis, Indiana, for Appellants. Brett Bierer , United States Department Of Health & Human Services, Baltimore, Maryland, for Appellees.

STRANCH, J., delivered the opinion of the court, in which COLLIER, D.J., joined, and McKEAGUE, J., joined in the result. McKEAGUE, J. (pg. 575), delivered a separate opinion concurring in the judgment.

OPINION

STRANCH, Circuit Judge.

Two groups of hospitals, one in the Cincinnati area and the other in rural Iowa, challenged the Secretary of Health and Human Services' calculation of how much to pay those hospitals for inpatient services under Medicare Part A. The hospitals objected to the Secretary's decision to include in the calculation the hours associated with two types of programs: a short-term disability program paid from a hospital's general funds...

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