Legal Opinion

St. Anthony Hospital v. United States Department of Health & Human Services

Court of Appeals for the Tenth Circuit

Decided August 28, 2002No. 00-9529PublishedCited by 63 opinions

1Opinion of the Court

LUCERO, Circuit Judge.

In June 2000, the Departmental Appeals Board (“DAB”) of the Department of Health and Human Services upheld the imposition of a civil monetary penalty against St. Anthony Hospital for violation of the Emergency Medical Treatment and Active Labor Act’s (“EMTALA” or “Act”) “reverse-dumping” provisions. (“Reverse-dumping” occurs when a hospital emergency room refuses to accept an appropriate transfer of a patient requiring its specialized capabilities. By contrast, “patient-dumping” is the emergency-room practice of refusing to accept or treat individuals who do not have…

2Cases cited41 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  3. Liteky v. United StatesSupreme Court of the United States · 1994
  4. United States v. NixonSupreme Court of the United States · 1974
  5. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947

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3Cited by63 opinions

  1. Allen v. BarnhartCourt of Appeals for the Tenth Circuit · 2004
  2. Grynberg v. Total S.A.Court of Appeals for the Tenth Circuit · 2008
  3. Richard Thomas, Individually and as Special Administrator of the Estate of Chyrl Thomas v. Christ Hospital and Medical CenterCourt of Appeals for the Seventh Circuit · 2003
  4. L IZZIE K. M AY FIELD v. R. James NicholsonUnited States Court of Appeals for Veterans Claims · 2005
  5. Mickeviciute v. Immigration & Naturalization ServiceCourt of Appeals for the Tenth Circuit · 2003

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