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MAINE MEDICAL CENTER v. BURWELL

No. 15-2408, No. 15-2483.

841 F.3d 10 (2016)

MAINE MEDICAL CENTER et al., Plaintiffs, Appellees, v. Sylvia M. BURWELL, Secretary, United States Department of Health and Human Services, Defendant, Appellant. Maine Medical Center et al., Plaintiffs, Appellants, v. Sylvia M. Burwell, Secretary, United States Department of Health and Human Services, Defendant, Appellee.

United States Court of Appeals, First Circuit.

October 27, 2016.

Attorney(s) appearing for the Case

Stephanie R. Marcus , Attorney, Appellate Staff, Civil Division, United States Department of Justice, with whom Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Civil Division, Thomas E. Delahanty, II , United States Attorney, Andrew K. Lizotte , Assistant United States Attorney, and Mark B. Stern , Attorney, Appellate Staff, Civil Division, were on brief, for defendant.

William H. Stiles , Portland, ME, with whom Nora Lawrence Schmitt , Boston, MA, and Verrill Dana, LLP were on brief, for plaintiffs.

Before Howard, Chief Judge, Selya and Kayatta, Circuit Judges.

The system through which the federal government reimburses hospitals for charity care is among the most arcane known to man. A central feature of this system is a provision through which hospitals receive so-called disproportionate share payments (DSH payments). See 42 U.S.C. § 1395ww(d)(5)(F)(i...

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