Adena Regional Medical Center v. Leavitt

Opinion for the Court filed by Circuit Judge GINSBURG. *

GINSBURG, Circuit Judge:

The Ohio Hospital Care Assurance Program (HCAP) ensures that indigent Ohioans who “are not recipients of the medical assistance program,” ie., the Ohio Medicaid plan, nonetheless receive “basic, medically necessary hospital-level services” at no charge. Ohio Rev.Code § 5112.17(B); see Title XIX [Medicaid] of the Social Security Act, 42 U.S.C. § 1396 et seq. The state of Ohio does not reimburse hospitals for the cost of providing such mandatory charity care.

Seeking indirectly to cover some of their HCAP expenses,…