OWENSBORO v. U.S. DEPT. OF HEALTH AND HUMAN SERV.

Nos. 15-6109, 15-6110.

832 F.3d 615 (2016)

OWENSBORO HEALTH, INC. (15-6109); Jackson Purchase Medical Center and Lake Cumberland Regional Hospital (15-6110), Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; Sylvia Mathews Burwell, Secretary, United States Department of Health and Human Services; Centers for Medicare and Medicaid Services, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 10, 2016.


Attorney(s) appearing for the Case

COUNSEL ARGUED: Stephen R. Price, Sr. , Wyatt, Tarrant & Combs, LLP, Louisville, Kentucky, for Appellants. Carleen M. Zubrzycki , United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: Stephen R. Price, Sr. , Virginia H. Snell , Wyatt, Tarrant & Combs, LLP, Louisville, Kentucky, for Appellants. Carleen M. Zubrzycki , Alisa B. Klein , United States Department of Justice, Washington, D.C., for Appellees.

Before: BOGGS, ROGERS, and STRANCH, Circuit Judges.


OPINION

This consolidated appeal concerns the amount of additional Medicare reimbursements that the plaintiff hospitals should receive for serving a disproportionate share of low-income patients and whether the calculation of those additional Medicare reimbursements is affected by how a state chooses to allocate...

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