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Supreme Court of Louisiana
FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 3 FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 21st day of January, 2009, are as follows:

BY JOHNSON, J.: 2008-C -0946 WOMEN'S AND CHILDREN'S HOSPITAL v. STATE OF LOUISIANA, DEPARTMENT OF HEALTH AND HOSPITALS (Parish of E. Baton Rouge) Calogero, C.J., retired, participated in this decision which was argued prior to his retirement. For the above reasons, we affirm the decision of the court of appeal. We hold that the 1994 Rule must be applied in this case, and, under the 1994 Rule, WCH is entitled to reimbursement equal to the "transitional rate" of its actual costs plus 25% of the difference between its actual costs and the peer group rate. AFFIRMED.

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SUPREME COURT OF LOUISIANA 08 - C - 946 WOMEN'S AND CHILDREN'S HOSPITAL vs. STATE OF LOUISIANA, DEPARTMENT OF HEALTH AND HOSPITALS ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF EAST BATON ROUGE

JOHNSON, Justice1
We granted this writ application to address whether the court of appeal erred in its application of a 1994 Department of Health and Hospitals ("DHH") rule relative to the Medicaid per diem reimbursement rate due Women and Children's Hospital ("WCH") for its neonatal intensive care unit ("NICU"). For the following reasons, we affirm the decision of the court of appeal. FACTS AND PROCEDURAL HISTORY Established in 1965, the Medicaid program is designed to provide medical benefits to certain groups of low-income people. The Medicaid program is jointly

Calogero, C.J., retired, participated in this decision which was argued prior to his retirement.

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administered by the federal and state governments pursuant to the Medicaid Act, 42 U.S.C.

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