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Legislation and Regulation Keyed to Manning, 5th Ed.
West Virginia University Hospitals, Inc. v. Casey
Citation:
499 U.S. 83 (1991)Facts
West Virginia University Hospitals, Inc. operates a hospital in Morgantown, West Virginia, near the Pennsylvania border, which serves many Pennsylvania Medicaid recipients. In January 1986, Pennsylvania’s Department of Public Welfare notified WVUH of new Medicaid reimbursement schedules for services provided to Pennsylvania residents. WVUH objected to these rates as violating federal law and, after exhausting administrative remedies, filed suit under 42 U.S.C. § 1983. WVUH employed Coopers & Lybrand, a national accounting firm, and three doctors specializing in hospital finance to assist in case preparation and to testify at trial. After WVUH prevailed, the District Court awarded over $100,000 in expert fees as part of “reasonable attorney’s fees” under § 1988, finding these services “essential” to the case. The Court of Appeals reversed this portion of the award, limiting expert fees to the $30-per-day witness fee prescribed by 28 U.S.C. § 1821(b).
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