Clark Regional Medical Center Pattie A. Clay Hospital v. United States Department of Health and Human Services

OPINION

COLE, Circuit Judge.

This dispute is about whether hospital beds licensed for acute inpatient care, but used for other purposes when not needed by inpatients, may be counted for purposes of a Medicare program designed to reimburse certain hospitals based on the number of available beds. Specifically, the Medicare program, administered by the United States Department of Health and Human Services (“Department”), provides for a supplemental payment to be made to “disproportionate share” hospitals. Disproportionate share hospitals are hospitals located in certain areas, which provide a…