Moses v. Providence Hospital & Medical Centers, Inc.

I respectfully dissent from the denial of the petition for rehearing en banc. By remaining loyal to the errant obiter dictum contained in Thornton v. Southwest Detroit Hosp., 895 F.2d 1131 (6th Cir.1990), the majority has perpetuated a serious conflict between our circuit and the Ninth Circuit, Bryant v. Adventist Health Sys., 289 F.3d 1162 (9th Cir.2002), the Fourth Circuit, Bryan v. Rectors and Visitors of the Univ. of Va., 95 F.3d 349 (4th Cir. 1996), the federal regulations, 42 C.F.R. § 489.24(d)(2)(i), and the vast majority of lower court decisions. See generally Preston v. Meriter…