The Divide Continues: Illinois Court Rejects Secretary's Interpretation of IME Regulation to Exclude Research Time


Less than a year after the United States Court of Appeals for the First Circuit

issued the opinion in Rhode Island Hospital v. Leavitt, No. 07-2673 (1st Cir.

Nov. 17, 2008), upholding the Secretary of the Department of Health and

Human Services' ("Secretary") interpretation of the indirect medical education

(IME) regulation to exclude time spent by residents engaged in research

activities, the United States District Court for the Northern District of Illinois has

Thomas W. Coons


Kristin Cilento Carter


reached the opposite conclusion. In University of Chicago Medical Center v.

Sebelius, No. 1:07-cv-07016 (Aug. 3, 2009), the University of Chicago Medical

Center ("Hospital") challenged the Centers for Medicare and Medicaid

Services' (CMS) reduction of the Hospital's Medicare payments for fiscal year

(FY) 1996 by excluding time spent be residents engaged in educational

research from the IME full-time equivalent (FTE) resident count. Finding that

the reduction was improper, the Court issued summary judgment in favor of

the hospital finding that the IME resident count for FY 1996 should include

resident time engaged in research when the requirements of the IME

regulation are met.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Baker Donelson | Attorney Advertising

Written by:


Baker Donelson on:

Popular Topics
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.