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IN HOME HEALTH, INC. v. SHALALA

No. 98-3141.

188 F.3d 1043 (1999)

IN HOME HEALTH, INC., a Minnesota corporation, Appellee, v. Donna SHALALA, Secretary of Health and Human Services, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed September 1, 1999.

Attorney(s) appearing for the Case

Carl E. Goldfarb, Dept. of Justice, Washington, DC, argued (Barbara C. Biddle, Dept. of Justice, Washington, DC, on the brief), for Appellant.

Jonathan M. Bye, Minneapolis, MN, argued, for Appellee.

Before HANSEN and MAGILL, Circuit Judges, and JONES, District Judge.

HANSEN, Circuit Judge.

The Secretary of Health and Human Services (the Secretary) appeals the district court's2 order reversing the Secretary's decision to limit reimbursement to In Home Health, Inc. (In Home) for physical therapy services provided to Medicare patients. The Secretary argues that under 42 U.S.C. § 1395x(v)(5)(A)3 the Secretary may limit reimbursements...

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