United States Sixth Circuit

The U.S. Department of Health & Human Services's interpretation of 42 C.F.R. section 412.105(b), to exclude swing and observation beds from consideration as available beds for purposes of a disproportionate share hospital adjustment, was arbitrary and capricious.

Appellate Information

• Decided 12/11/2002
• Published 12/11/2002

Judges

• Before: BOGGS and COLE, Circuit Judges;  BELL, Chief District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• Alan C. Guild, Jr. (briefed), Sharon K. Hager (briefed), Hall, Render, Killian, Heath & Lyman, Louisville, KY, Keith D. Barber (argued), Hall, Render, Killian, Heath & Lyman, Indianapolis, IN, for Plaintiffs-Appellees., Frances E. Catron (briefed), U.S. Attorney, Lexington, KY, Anthony J. Steinmeyer (briefed), U.S. Department of Justice, Civil Division, Apellate Section, Washington, DC, Howard H. Lewis (briefed), Department of Health and Human Services, Office of the General Counsel, Atlanta, GA, Linda S. Wernery (argued and briefed), U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, for Defendants-Appellants.