United States First Circuit

In an action challenging Maine's free care laws and the MaineCare program as uncompensated takings of property, district court judgment is affirmed where: 1) the court properly rejected plaintiff's takings challenge to Maine's free care laws as the laws do not effect a per se taking since the hospital is not required to serve low income patients and there is no allegation that the regulations remove all economically beneficial uses of the property, and do not effect an ad hoc taking under the Penn Central analysis; and 2) the court properly dismissed plaintiff's argument that the reimbursement rate it receives under the MaineCare program is an unconstitutional taking as there is no coercive financial incentive to participate in MaineCare and thus plaintiff's participation in the program is voluntary.

Appellate Information

• Decided 08/05/2009
• Published 08/05/2009

Judges

• LYNCH, Chief Judge., Before LYNCH, Chief Judge, EBEL  and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Marc N. Frenette with whom Michael R. Poulin and Skelton, Taintor & Abbott were on brief for appellant.


• For Appellees:
  
• Christopher C. Taub, Assistant Attorney General, with whom Janet T. Mills, Attorney General, and Paul Stern, Deputy Attorney General, were on brief for appellee.