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MISSOURI HOSP. ASSOCIATION v. AZAR

No. 18-1778.

941 F.3d 896 (2019)

MISSOURI HOSPITAL ASSOCIATION, Plaintiff-Appellee, v. Alex M. AZAR, II, Secretary of Health and Human Services, et al., Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: November 4, 2019.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Tara S. Morrissey , of Washington, DC. The following attorney(s) appeared on the appellant brief; Tara S. Morrissey, of Washington, DC.

Counsel who presented argument on behalf of the appellee was Barbara DA. Eyman , of Washington, DC. The following attorney(s) appeared on the appellee brief; Robert Ryan Harding , of Jefferson City, MO., Barbara D.A. Eyman, of Washington, DC.

Before LOKEN, WOLLMAN, and STRAS, Circuit Judges.

"Disproportionate share hospitals" — those that serve a disproportionate number of indigent patients — receive supplemental Medicaid payments ("DSH payments") to help ensure their financial viability. See 42 U.S.C. § 1396r-4. DSH payments may not exceed a hospital's "costs incurred...

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