Public Health – Medicare — Medicaid

United States Court of Appeals For the Seventh Circuit

Civil

Public Health – Medicare — Medicaid

The amount of a tax assessment paid by hospitals pursuant to an state statute are subject to offset by any payments those hospitals received from a state fund.

“The Hospitals’ reliance on American Federation of Government Employees, AFL-CIO, Local 3090 v. Federal Labor Relations Authority, 777 F.2d 751, 752 (D.C. Cir. 1985), is not on point. There, the Federal Labor Relations Authority (‘FLRA’) dismissed a complaint and ignored the plain language in regulations pertaining to when the filing of exceptions stayed an arbitration award. American Federation of Government Employees, AFL-CIO, Local 3090, 777 F.2d at 752-53. In vacating the FLRA’s order, the District of Columbia Circuit reasoned that ‘[w]ere the Authority’s approach proper, administrative agencies could effectively repeal legislative rules and abandon longstanding interpretations of statutes indirectly, by adjudication, without providing affected parties any opportunity to comment on the proposed changes, and without providing any significant explanation for their departure from established views.’ Id. at 759. This is simply not what happened here.”

Affirmed.

11-2809 Abraham Lincoln Memorial Hospital v. Sebelius

Appeal from the United States District Court for the Central District of Illinois, Myerscough, J., Castillo, J.