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DUGGAN v. BOWEN

Civ. A. No. 87-0383.

691 F.Supp. 1487 (1988)

Katherine DUGGAN, et al., Plaintiffs, v. Otis R. BOWEN, et al., Defendants.

United States District Court, District of Columbia.

August 1, 1988.

Attorney(s) appearing for the Case

Stanley M. Brand, Abbe David Lowell, Sean Connelly, Brand & Lowell, Washington, D.C., William A. Dombi, Center for Health Care Law, National Assn. for Home Care, Washington, D.C., for plaintiffs.

Sheila Lieber, Jason R. Baron, Dept. of Justice, Washington, D.C., for defendants.

MEMORANDUM OPINION AND ORDER

SPORKIN, Judge.

INTRODUCTION

This case involves a challenge to the Department of Health and Human Services' ("HHS") administration of the Medicare home health care program. Plaintiffs take issue with the agency's interpretation and application of the "part-time or intermittent" care provision. I agree with plaintiffs that defendants' policy is contrary to the plain language...

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