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AMERICAN FEDERATION OF HOME HEALTH v. HECKLER

No. 84-7228.

754 F.2d 896 (1984)

AMERICAN FEDERATION OF HOME HEALTH AGENCIES, INC., a nonprofit corporation, et al., Plaintiffs-Appellants, Professional Home Health Care, Inc., an Illinois nonprofit corporation, Movant-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

November 6, 1984.

Attorney(s) appearing for the Case

Joe R. Whatley, Jr., Birmingham, Ala., for plaintiffs-appellants.

Frank W. Donaldson, U.S. Atty., Herbert J. Lewis, III, Asst. U.S. Atty., Birmingham, Ala., Anne L. Weismann, Harold J. Krent, Dept. of Justice, Civil Div., Washington, D.C., for defendants-appellees.

Before HILL and HENDERSON, Circuit Judges, and WISDOM, Senior Circuit Judge.

WISDOM, Circuit Judge:

In the present action, we decide whether a challenge to the Secretary's modification of reimbursement procedures is barred by section 405(h) of the Medicare Act,1 which precludes jurisdiction of certain claims until plaintiffs have exhausted their administrative remedies. The plaintiffs-appellants sought to enjoin the Secretary of Health and Human Services from implementing regulations that would transfer certain...

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