Legal Opinion

Adventist Health System/Sunbel v. Kathleen Sebelius

Court of Appeals for the Sixth Circuit

Decided April 22, 2013No. 11-5990PublishedCited by 4 opinions

1Opinion of the Court

OPINION

HOOD, District Judge.

Plaintiff-Appellant Adventist Health System/Sunbelt, Inc. (“Adventist”) asks us to review the Secretary’s interpretation of the Medicaid fraction provision in the disproportionate share hospital (DSH) statute, 42 U.S.C. §.1395ww(d)(5)(F)(vi)(II) (1994), amended by Deficit Reduction Act of 2005 (“DRA”), Pub.L. 109-171 (2006), which was in effect during the period of which Plaintiff complains, from 1995 through early 2000. Specifically, we are asked whether the DSH statute, prior to amendment by the DRA, required the Secretary to include individuals in the DSH…

2Cases cited7 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Jewish Hospital, Inc. v. Secretary of Health and Human ServicesCourt of Appeals for the Sixth Circuit · 1994
  3. Battle Creek Health System v. LeavittCourt of Appeals for the Sixth Circuit · 2007
  4. Cookeville Regional Medical Center v. LeavittCourt of Appeals for the D.C. Circuit · 2008
  5. Suzanne Fligiel, M.D. v. Michael K. Samson, M.D., Anthony J. Principi, in His Capacity as Secretary, Department of Veterans AffairsCourt of Appeals for the Sixth Circuit · 2006

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3Cited by4 opinions

  1. Nazareth Hospital v. Secretary United States Department of Health & Human ServicesCourt of Appeals for the Third Circuit · 2014
  2. Cooper Hospital University Medical Center v. BurwellDistrict Court, District of Columbia · 2016
  3. Bethesda Health, Inc. v. AzarCourt of Appeals for the D.C. Circuit · 2019
  4. Bethesda Health, Inc. v. Alex M Azar IIDistrict Court, District of Columbia · 2019

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