Tallahassee Memorial Regional Medical Center v. Cook

This is a Boren Amendment challenge under 42 U.S.C. § 1396a(a)(13)(A). We affirm on the basis of the well-reasoned district court order published in the Medicare & Medicaid Guide at page 44,212, and attached as Appendix A, with the following exceptions.

We vacate paragraph four of the “Ordered and Adjudged” section, which reads as follows:

Defendant AHCA, through the Florida Legislature, is directed to amend Florida’s Medicaid plan in such a way as to be nonviolative of the Boren Amendment — namely, Florida’s Medicaid must be amended to include reimbursement for inappropriate level of care…