Jewish Hospital, Inc. v. Secretary of Health and Human Services

KEITH, Circuit Judge.

Plaintiff, Jewish Hospital, Inc. (“Jewish Hospital”), appeals the adverse summary judgment ruling of the district court involv*272ing the interpretation of a Medicare reimbursement provision. Congress requires the Secretary of Health and Human Services (the “Secretary”) to adjust Medicare Prospective Payment System (“PPS”) payments for hospitals that provide inpatient services to a disproportionate share of low income patients. See 42 U.S.C. § 1395ww(d)(5)(F)(vi)(II). The Secretary’s restrictive reading of the disproportionate share adjustment serves as the basis for this…