The Washington hospitals clearly demonstrated that federal funds were used to support the Medicaid program, whereas no federal funds were provided in the Arizona case. That absence of federal funds was key in ruling against Phoenix Memorial. Jones also erred in not citing or taking into consideration the most critical case, Portland Adventist Medical Center, which was previously ruled on by the 9th Circuit in 2005. His errors will readily be challenged in the next round at the 9th Circuit.
David ClingoPresidentFiscal MedicsEscondido, Calif.
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