Legal Opinion
In re the Consolidated Hospital Surcharge Appeals of Gillette Children's Specialty Healthcare
Court of Appeals of Minnesota
Decided July 6, 2015No. A14-1462PublishedCited by 4 opinions
1Opinion of the Court
OPINION
JOHNSON, Judge.
We are asked to decide whether the State of Minnesota may, without encroaching on federal law, assess and collect a surcharge on the revenues that Minnesota hospitals receive for providing health-care services to persons who are insured by group health-insurance plans that cover employees of the federal government. We conclude that the applicable federal statutes do not preempt the applicable state statute. Therefore, we affirm the decision of the commissioner of human services.
FACTS
In Minnesota, hospitals must pay a 1.56-percent surcharge on “net patient revenues.”…
2Cases cited41 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Exxon Mobil Corp. v. Allapattah Services, Inc.Supreme Court of the United States · 2005
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
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3Cited by4 opinions
- Miller v. Soo Line R.R. Co.Court of Appeals of Minnesota · 2019
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- Pharmaceutical Care Management Association v. Arkansas State Board of PharmacyDistrict Court, E.D. Arkansas · 2025
- Verhein v. PiperCourt of Appeals of Minnesota · 2018