Appeals Court Dismisses Challenge To Doctor-Owned Hospital Expansion Limit

English: The Richard H. Chambers U.S. Court of...

English: The Richard H. Chambers U.S. Court of Appeals Building, U.S. Court of Appeals for the Ninth Circuit, Pasadena, California. (Photo credit: Wikipedia)

Topics: Health Reform, Hospitals, Marketplace

Aug 20, 2012

An appeals court has dismissed a challenge to a part of the health law that limits expansion of doctor-owned hospitals on grounds that a lower court that issued an earlier ruling didn’t have jurisdiction in the case.

Modern Healthcare: Court Dismisses Challenge To Reform Law’s Limit On Expansion Of Doc-Owned Hospitals
The Obama administration scored a victory when the U.S. Court of Appeals in Houston dismissed an appeal from the Physician Hospitals of America and the Tyler, Texas-based Texas Spine & Joint Hospital challenging a health care reform law restriction on expansion by physician-owned hospitals. The appeals court ruled that the district court lacked subject-matter jurisdiction in the case (McKinney, 8/17).

CQ HealthBeat: Appeals Court Dismisses Challenge Of Health Law Curb On Specialty Hospitals
The 5th U.S. Circuit Court of Appeals issued a ruling this week dismissing a challenge to a provision of the health care law curbing the expansion of physician-owned hospitals. Judge Leslie H. Southwick said in the court’s decision that a lower court hearing the challenge lacked jurisdiction in the case, which was filed by a trade group and a doctor-owned hospital. The facility, Texas Spine and Joint Hospital, was in the process of expanding and was unable to complete the effort before a cutoff date in the law (8/20).

This is part of Kaiser Health News‘ Daily Report – a summary of health policy coverage from more than 300 news organizations. The full summary of the day’s news can be found here and you can sign up for e-mail subscriptions to the Daily Report here. In addition, our staff of reporters and correspondents file original stories each day, which you can find on our home page.

English: Seal of the United States Court of Ap...

English: Seal of the United States Court of Appeal for the Fifth Circuit. As indicated below, this image is a work of the United States Government and under copyright protection is not available for any work of the U.S. government. Image available here on the United States Court of Appeals for the Fifth Circuit website. (Photo credit: Wikipedia)


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