According to the United States District Court for the Eastern District of

Michigan, the Secretary of Health and Human Services (Secretary) may not

exclude residents from a hospital's indirect medical education (IME) count

simply because they are engaged in research rather than providing direct

patient care and may not exclude new programs (for purposes of resident cap

adjustments) which are accredited during the time frame specified in the

applicable regulations. While not definitive (as this decision may be appealed),

Henry Ford Health System v. Sebelius is certainly a "win" for providers. Joshua J. Freemire and Thomas W. Coons of Ober|Kaler explain.