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CARING HEARTS PERSONAL HOME SERVICES v. BURWELL

No. 14-3243.

824 F.3d 968 (2016)

CARING HEARTS PERSONAL HOME SERVICES, INC., Plaintiff-Appellant, v. Sylvia Mathews BURWELL, Secretary of the United States Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Filed May 31, 2016.

Attorney(s) appearing for the Case

Donald M. McLean , Kansas City, Kansas, for Plaintiff-Appellant.

Melissa D. Hart , Special Assistant United States Attorney, United States Department of Health & Human Services, Baltimore, Maryland ( Barry R. Grissom , United States Attorney, and Jackie A. Rapstine , Assistant United States Attorney, and William B. Schultz , General Counsel, Janice L. Hoffman , Associate General Counsel, and Susan Maxson Lyons , Deputy Associate General, United States Department of Health and Human Services, Topeka, Kansas, with her on the brief), for Defendant-Appellee.

Before LUCERO, HARTZ, and GORSUCH, Circuit Judges.

Executive agencies today are permitted not only to enforce legislation but to revise and reshape it through the exercise of so-called "delegated" legislative authority. Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, Inc., 467 U.S. 837, 865-66, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984)...

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