Children's Hospital and Health Center, a Washington Corporation v. S. Kimberly Belshe, Director, California Department of Health Services
Court of Appeals for the Ninth Circuit
1Opinion of the Court
Opinion by Judge DAVID R. THOMPSON; Dissent by Judge SNEED.
DAVID R. THOMPSON, Circuit Judge:
OVERVIEW
Eighteen hospitals located outside of California (“the plaintiffs”) brought suit against S. Kimberly Belshe (“Belshe”), Director of the California Department of Health Services (“CDHS”). The plaintiffs alleged that CDHS’s method for reimbursing out-of-state hospitals that treat California’s Medicaid (“Medi-Cal”) patients violates the portion of the Social Security Act known as the Boren Amendment, 42 U.S.C.A. § 1396a(a)(13)(A) (West 1992). Belshe moved for summary judgment.
In its first summary…
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