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HEALTH INS. ASS'N OF AMERICA, INC. v. SHALALA

Nos. 92-5196, 92-5197.

23 F.3d 412 (1994)

HEALTH INSURANCE ASSOCIATION OF AMERICA, INC., Appellant, v. Donna E. SHALALA, Secretary, Health and Human Services, et al., Appellees. BLUE CROSS AND BLUE SHIELD ASSOCIATION, Appellant, v. Donna E. SHALALA, Secretary, Health and Human Services, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided May 13, 1994.

Attorney(s) appearing for the Case

Walter A. Smith, Jr., argued the cause, for appellant Health Ins. Ass'n of America, Inc. in No. 92-5196. With him on the joint briefs were William P. Flanagan, Robert J. Cynkar and Janice H. Ziegler. R. Kenly Webster entered an appearance.

Robert J. Cynkar argued the cause, for appellant Blue Cross and Blue Shield Ass'n, Inc. in No. 92-5197. With him on the joint briefs were Janice H. Ziegler, Walter A. Smith, Jr. and William P. Flanagan.

John F. Daly, Atty., U.S. Dept. of Justice, argued the cause, for appellees. With him on the brief were J. Ramsey Johnson, U.S. Atty. at the time the brief was filed, Anthony J. Steinmeyer and Michael Raab, Attys., U.S. Dept. of Justice, and Robert L. Roth, Atty., U.S. Dept. of Health and Human Services.

On the brief for amicus curiae Self-Insurance Institute of America, Inc. was George J. Pantos.

On the brief for amici curiae Group Health Ass'n of America and American Managed Care and Review Ass'n was William G. Kopit.

Before: MIKVA, Chief Judge, WILLIAMS and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge WILLIAMS.

Concurring opinion filed by Circuit Judge HENDERSON.

Opinion concurring in part and dissenting in part by Chief Judge MIKVA.

STEPHEN F. WILLIAMS, Circuit Judge:

The appellants in these two consolidated cases raise facial challenges to five Medicare regulations promulgated by the Health Care Financing Administration ("HCFA") on behalf of the Secretary of Health and Human Services. They also...

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