Sioux Valley Hospital v. Bowen

HANSON, Senior District Judge.

Secretary Bowen1 appeals from a decision of the district court holding that labor/delivery room patients who have not previously that day received routine service may not be included in the inpatient count used to determine Sioux Valley Hospital’s Medicare reimbursement and requiring the Secretary to recompute the Hospital’s reim*718bursement accordingly. For all of the reasons stated below, we affirm the decision of the district court.2

1. BACKGROUND

At issue is the reimbursement amount of Medicare payments to the Hospital. The amount is determined by apportioning a…