YALE NEW HAVEN HOSP. v. BECERRA

Nos. 20-2115(L), 20-2151(XAP) August Term 2021.

56 F.4th 9 (2022)

YALE NEW HAVEN HOSPITAL, Plaintiff-Appellee-Cross-Appellant, v. Xavier BECERRA, Secretary, United States Department of Health and Human Services, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 19, 2022.


Attorney(s) appearing for the Case

Robert L. Roth , Hooper Lundy & Bookman, PC, Washington, DC ( Patrick M. Noonan , Donahue, Durham & Noonan, P.C., Guilford, CT, on the brief), for Plaintiff-Appellee-Cross-Appellant Yale New Haven Hospital.

Leif Overvold , Appellate Staff Attorney ( Jeffrey Bossert Clark , Acting Assistant Attorney General, Brian M. Boynton , Acting Assistant Attorney General, Alisa B. Klein , Appellate Staff Attorney, on the brief), Civil Division, U.S. Department of Justice, Washington, DC ( Robert P. Charrow , General Counsel, Daniel J. Barry , Acting General Counsel, Janice L. Hoffman , Associate General Counsel, Susan Maxson Lyons , Deputy Associate General Counsel for Litigation, Jonathan C. Brumer , Staff Attorney, U.S. Department of Health and Human Services, Washington, DC, of counsel), for Defendant-Appellant-Cross-Appellee Xavier Becerra, Secretary of the U.S. Department of Health and Human Services.

Before: Wesley, Sullivan, Circuit Judges, and Koeltl, District Judge.


Yale New Haven Hospital ("YNHH," or the "Hospital") receives federal funds under the Medicare Act, 42 U.S.C. § 1395 et seq., for serving uninsured patients who cannot pay for the healthcare they receive. As part of the statutory formula for determining the...

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