SELECT SPECIALTY HOSPITAL v. BRENTWOOD HUTTERIAN

No. 22-3121.

81 F.4th 793 (2023)

SELECT SPECIALTY HOSPITAL — SIOUX FALLS, INC., a Missouri business corporation, Plaintiff-Appellant v. BRENTWOOD HUTTERIAN, BRETHREN, INC., a South Dakota non-profit corporation; South Dakota Medical Holding Company, Inc., a South Dakota corporation doing business as Dakotacare; Hutterian Brethren General Medical Fund, a South Dakota non-profit corporation, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 30, 2023.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant and appeared on the brief was Alex M. Hagen , of Sioux Falls, SD.

Counsel who presented argument on behalf of the appellee South Dakota Medical Holding Company, Inc. was Matthew D. Murphy , of Sioux Falls, SD. The following attorney also appeared on the brief of South Dakota Medical Holding Company, Inc.; Roger A. Sudbeck , of Sioux Falls, SD.

Counsel who presented argument on behalf of the appellees Brentwood Hutterian , Brethren, In., and Hutterian Brethren General Medical Fund and appeared on the brief was Reed Alan Rasmussen , of Aberdeen, SD.

Before BENTON, ERICKSON, and KOBES, Circuit Judges.


After suffering a stroke, Mary, a member of the Brentwood Hutterite Brethren, received care at a Select Specialty Hospital. During her time at Select, she was covered by Brentwood's insurance. But after Mary applied for and received Medicaid, it retroactively covered her time at Select. Select accepted $300,000 from Medicaid...

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