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BAPTIST MEMORIAL HOSP. - GOLDEN TRIANGLE v. AZAR

No. 18-60592.

956 F.3d 689 (2020)

BAPTIST MEMORIAL HOSPITAL — GOLDEN TRIANGLE, INCORPORATED; Calhoun Health Services; Delta Regional Medical Center; Merit Health Batesville, formerly known as Tri-Lakes Medical Center, Mississippi; Baptist Medical Center, Incorporated; Saint Dominic-Jackson Memorial Hospital; Tishomingo Health Services, Incorporated; Grenada Lake Medical Center, Plaintiffs-Appellees v. Alex M. AZAR, II, Secretary, U.S. Department of Health and Human Services; Seema Verma, in her official capacity as Administrator, Centers for Medicare and Medicaid Services; Centers for Medicare and Medicaid Services, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED April 20, 2020.

Attorney(s) appearing for the Case

Dudley Collier Graham, Jr. , Rebecca Hawkins, Esq. , George Howard Ritter, Esq. , Wise Carter Child & Caraway, P.A., Jackson, MS, for Plaintiffs-Appellees.

Samantha Lee Chaifetz , Attorney, U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, Jennifer L. Case , Samuel Lynn Murray , Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Mississippi, Jackson, MS, for Defendants-Appellants.

Before HIGGINBOTHAM, DENNIS, and HO, Circuit Judges.

The Medicaid Act provides each state with a fixed pool of funds to make supplemental payments to hospitals that serve a disproportionate share of indigent patients. These "disproportionate share hospital" ("DSH") payments are limited to a hospital's "costs incurred" in caring for indigent patients. The Secretary...

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