· 8/14/2014
Baker County Medical Services, Inc. v. U.S. Attorney General
Citations
- 763 F.3d 1274
- 2014 WL 3954005
- 2014 U.S. App. LEXIS 15568
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a mandate that hospitals participating in Medicare treat federal detainees was not a taking
- collecting cases “instruct[ing] that no taking occurs where a person or entity voluntarily participates in a regulated program or activity”
- explaining that participation in Medicare is voluntary
- rejecting hospital’s takings challenge to “its rate of compensation in a regulated industry for an obligation it voluntarily undertook . . . when it opted into Medicare and became subject to” federal statute requiring hospitals to treat all people who seek treatment in emergency departments
- “If the railroad and the [Surface Transportation] Board reach agreement, the land underlying the railway may be transferred to a trail operator (e.g., state, political subdivision, or qualified private organization
- “Although the Hospital contends that opting out of Medicare would amount to a grave financial setback, economic hardship is not equivalent to legal compulsion for purposes of takings analysis.” (internal quotation marks omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Jordan, Ryskamp, Berman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.