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PUBLIC CITIZEN, INC. v. U.S. DEPT. OF H.H.S.

Nos. 01-5294 & 01-5298.

332 F.3d 654 (2003)

PUBLIC CITIZEN, INC., Appellee, v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES and Centers for Medicare and Medicaid Services, Health Care Financing Administration, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided June 20, 2003.

Attorney(s) appearing for the Case

G. Michael Harvey, Assistant U.S. Attorney, argued the cause for appellants. With him on the briefs were Roscoe C. Howard, Jr., U.S. Attorney, R. Craig Lawrence, Assistant U.S. Attorney, Alex M. Azar II, General Counsel, U.S. Department of Health & Human Services, and Henry R. Goldberg, Deputy Associate General Counsel.

Darrel J. Grinstead and Jeffrey D. Pariser were on the brief for amici curiae The American Hospital Association, et al., in support of appellants and reversal.

Amanda Frost argued the cause for appellee. With her on the brief was Allison Zieve. Brian Wolfman entered an appearance.

Sarah Lenz Lock, Dorothy Siemon, Michael Schuster, Vicki Gottlich, and Gill Deford were on the brief for amici curiae The Center for Medicare Advocacy, Inc., and AARP in support of appellee urging affirmance.

Before: EDWARDS, ROGERS, and GARLAND, Circuit Judges.

Opinion for the Court filed by GARLAND, Circuit Judge.

GARLAND, Circuit Judge:

When a Medicare beneficiary files a complaint with a Peer Review Organization (PRO) about the quality of medical services that he or she has received, the Peer Review Improvement Act requires the PRO to "inform the individual ... of the organization's final disposition of the complaint." 42 U.S.C. § 1320c-3(a)(14). According to the Health Care Financing Administration (HCFA...

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