Legal Opinion
Alhambra Hospital Memorial Hospital of Gardena v. Tommy G. Thompson , Secretary, United States Department of Health and Human Services
Court of Appeals for the Ninth Circuit
Decided August 7, 2001No. 99-57009PublishedCited by 21 opinions
1Opinion of the Court
MICHAEL DALY HAWKINS, Circuit Judge:
We are again confronted 1 with the failure of the Secretary of Health and Human Services (“the Secretary”) to implement properly the “disproportionate share” provision of the Medicare statute, 42 U.S.C. § 1395ww(d)(5)(F)(vi). This provision provides for increased Medicare reimbursement to hospitals that serve a disproportionate number of low-income patients.
The plaintiffs, Alhambra Hospital and Memorial Hospital of Gardena (“the Hospitals”), contend that the Secretary has impermissibly excluded subacute patient days from the calculation of the…
2Cases cited6 opinions
- Thomas Jefferson University v. ShalalaSupreme Court of the United States · 1994
- Murray Weiner,plaintiff-Appellant v. San Diego CountyCourt of Appeals for the Ninth Circuit · 2000
- Jewish Hospital, Inc. v. Secretary of Health and Human ServicesCourt of Appeals for the Sixth Circuit · 1994
- Rehabilitation Ass'n of Virginia, Inc. v. KozlowskiCourt of Appeals for the Fourth Circuit · 1994
- Deaconess Health Services Corp. v. ShalalaDistrict Court, E.D. Missouri · 1995
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Barden v. City of SacramentoCourt of Appeals for the Ninth Circuit · 2002
- Oregon v. AshcroftCourt of Appeals for the Ninth Circuit · 2004
- Clark Regional Medical Center Pattie A. Clay Hospital v. United States Department of Health and Human ServicesCourt of Appeals for the Sixth Circuit · 2002
- Ka Makani `O Kohala Ohana Inc. v. Water SupplyCourt of Appeals for the Ninth Circuit · 2002
- MacLean v. Department of Homeland SecurityCourt of Appeals for the Ninth Circuit · 2008
16 more not listed; retrieve them via the Exa API.