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COOKEVILLE REGIONAL MEDICAL CENTER v. LEAVITT

Nos. 07-5252, 07-5269.

531 F.3d 844 (2008)

COOKEVILLE REGIONAL MEDICAL CENTER, et al., Appellants v. Michael O. LEAVITT, Secretary of the United States Department of Health and Human Services, Appellee. Baptist Memorial Hospital, Inc., et al., Appellants v. Michael O. Leavitt, Secretary, United States Department of Health and Human Services, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 27, 2008.

Attorney(s) appearing for the Case

Murray J. Klein argued the cause and filed the briefs for appellants Cookeville Regional Medical Center, et al.

Sanford E. Pitler argued the cause for appellants Baptist Memorial Hospital, Inc., et al. With him on the briefs were Carol Sue Janes, Julie Quagliano Westemeier, and Michael C. Zisa.

August E. Flentje, Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, and Anthony J. Steinmeyer, Assistant Director.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

These appeals from judgments of the district court raise common issues regarding application of the Deficit Reduction Act of 2005, Pub.L. 109-171 (2006). The cases were brought by two groups of Tennessee hospitals serving patients who participate in the state's Medicaid plan, TennCare. A Medicaid plan provides medical assistance to qualifying low-income individuals. 42 C.F.R. § 430.0; 42 U.S.C. § 1396h et seq. The federal...

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