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VISITING NURSE ASS'N GREGORIA AUFFANT v. THOMPSON

No. 04-2721.

447 F.3d 68 (2006)

VISITING NURSE ASSOCIATION GREGORIA AUFFANT, INC., Plaintiff, Appellant, v. Tommy G. THOMPSON, in his capacity as Secretary of the United States Department of Health and Human Services; Ruben J. King-Shaw, Jr., as the Deputy Administrator and Chief Operating Officer of the Centers for Medicare and Medicaid Services; United Government Services, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided May 8, 2006.

Attorney(s) appearing for the Case

Héctor J. Pérez Rivera and Carlos R. Pastrana-Torres, with whom Goldman, Antonetti & Córdova, P.S.C., were on brief, for appellants.

Maryalice Kozak, Assistant United States Attorney, with whom José M. Pizzaro-Zayas, Assistant United States Attorney, and H.S. García, United States Attorney, were on brief, for appellees.

Before TORRUELLA and LIPEZ, Circuit Judges and GIBSON, Senior Circuit Judge.

LIPEZ, Circuit Judge.

Medicare, a health insurance program, is administered by the Secretary of Health and Human Services through the Centers for Medicare and Medicaid Services. The Secretary is entrusted by the Medicare Act with the authority to issue regulations that are necessary for the administration of the health insurance program. Under the Act, providers are reimbursed the lesser of their charges or their reasonable costs incurred in providing covered services...

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