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PARAGON HEALTH NETWORK, INC. v. THOMPSON

No. 00-3707.

251 F.3d 1141 (2001)

PARAGON HEALTH NETWORK, INC., d/b/a Milwaukee Subacute Center, a/k/a Milwaukee Subacute and Rehabilitation Center, Plaintiff-Appellant, v. Tommy G. THOMPSON, Secretary, Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 5, 2001.

Attorney(s) appearing for the Case

Daniel E. Conley, Quarles & Brady, Milwaukee, WI, Glenn P. Hendrix (argued), Arnall, Golden & Gregory, Atlanta, GA, for Plaintiff-Appellant.

Mel S. Johnson, Office of the U.S. Atty., Milwaukee, WI, Claire D. de Chazal (argued), Dept. of Health and Human Services, Office of General Counsel, Chicago, IL, for Defendant-Appellee.

Before FLAUM, Chief Judge, and MANION and KANNE, Circuit Judges.

FLAUM, Chief Judge.

Plaintiff Paragon Health Network, Inc. ("Paragon")1 appeals from a district court decision affirming a determination that its newly opened skilled nursing facility ("SNF"), Milwaukee Subacute Center ("MSC"), is not eligible for an exemption from the routine cost limits ("RCLs") of Medicare. Paragon contends that the interpretations by the Secretary of Health and Human Services...

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