BAKER COUNTY MEDICAL SERVICES, INC., Ed Fraser Memorial Hospital, Plaintiff - Appellant,
U.S. ATTORNEY GENERAL, DIRECTOR, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT, OFFICE OF DETENTION AND REMOVAL, U.S. MARSHAL WILLIAM B. BERGER, SR., United States Marshals Service, Prisoner & Operations Division, Programs and Assistance Branch, Defendants - Appellees
Petition for certiorari filed at, 11/12/2014
For Baker County Medical Services, Inc., d.b.a.: Ed Fraser Memorial Hospital, Plaintiff - Appellant: John D. Buchanan Jr., Miriam Rebekkah Coles, Dawn Marie McMahon, Henry Buchanan Hudson Suber & Carter, PA, Tallahassee, FL.
For U.S. Attorney General, Defendant - Appellee: Jaynie Randall Lilley, Keith Ian McManus, Jonathan Gordon Cooper, Alisa Beth Klein, U.S. Department of Justice, Washington, DC.
For Director of Office of Detention And Removal, U.S. Immigration And Customs Enforcement, WILLIAM B. BERGER, SR., United States Marshals Service, Prisoner & Operations Division, Programs and Assistance Branch, Defendants - Appellees: Jaynie Randall Lilley, Keith Ian McManus, Jonathan Gordon Cooper, U.S. Department of Justice, Washington, DC.
Before JORDAN, Circuit Judge, and RYSKAMP[*] and BERMAN,[**] District Judges.
JORDAN, Circuit Judge.
The federal government bears a constitutional " obligation to provide medical care for those whom it is punishing by incarceration." Estelle v. Gamble, 429 U.S. 97, 103, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976). Pursuant to 18 U.S.C. § 4006(b)(1), Congress has elected to impose the Medicare rate as full compensation for medical services rendered to federal detainees.
Baker County Medical Services, d.b.a. Ed Fraser Memorial Hospital -- a small, rural hospital in Baker County, Florida -- sued various federal agencies and officials in federal district court, seeking a declaratory judgment that § 4006(b)(1) is unconstitutional as applied. This appeal requires us to decide whether the Hospital can challenge this compensation scheme as an unconstitutional taking under the Fifth Amendment, even though it has voluntarily opted into the Medicare program and is, as a result, required to provide emergency services to federal detainees. With benefit of oral argument, and for the reasons that follow, we conclude that the Hospital may not bring such a challenge, and affirm the district court's dismissal of the Hospital's declaratory judgment claim.
We review the grant of a motion to dismiss de novo. See Miyahira v. Vitacost.com, Inc., 715 F.3d 1257, 1265 (11th Cir. 2013). Our review of constitutional questions is likewise plenary. See United States v. Paige, 604 F.3d 1268, 1274 (11th Cir. 2010).
In applying the Rule 12(b)(6) standard, we construe the complaint in the light most favorable to the Hospital, accepting all well-pleaded factual allegations as true. See Miyahira, 715 F.3d at 1265. " To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'" Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Bell A. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)).
The Hospital is a 25-bed facility that houses and operates the only emergency room in Baker County. As a Medicare provider, it must accept the Medicare payment rate as full compensation for treatment
for Medicare participants. Although the government has contracted with a provider to provide on-site medical services for federal detainees housed in a local detention facility, the Hospital has entered into no similar contract with the government to render off-site emergency care to federal detainees, who do not qualify as Medicare participants. See 42 C.F.R. § 411.4. The Hospital nevertheless does afford emergency services to such individuals, in keeping with its obligation to provide emergency medical treatment to all patients irrespective of ...