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MINNESOTA SENIOR FEDERATION, METRO. REGION v. U.S.

No. 00-3139.

273 F.3d 805 (2001)

MINNESOTA SENIOR FEDERATION, METROPOLITAN REGION; Mary Sarno, Plaintiffs-Appellants, v. UNITED STATES of America; Tommy G. Thompson, Secretary of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: December 13, 2001.

Attorney(s) appearing for the Case

Daniel E. Gustafson, Minneapolis, MN, argued (Samuel D. Heins and Karla M. Gluek, on the brief), for plaintiffs-appellants.

Alisa B. Klein, Civil Div. of the Justice Dept., Washington, DC, argued (Mark B. Stern, Justice Dept., on the brief), for defendants-appellees.

Before LOKEN, ROSS, and FAGG, Circuit Judges.

LOKEN, Circuit Judge.

The "Medicare + Choice" program was enacted as part of the Balanced Budget Act of 1997 and is now codified at 42 U.S.C. §§ 1395w-21 to w-28. The program includes reimbursement provisions that encourage managed health care organizations to be cost-effective and to pass cost savings on to their members in the form of additional benefits or reduced charges. As under prior law, cost effectiveness

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