GHS HEALTH MAINTENANCE ORGANIZATION, INC. v. U.S.

No. 2007-5143.

536 F.3d 1293 (2008)

GHS HEALTH MAINTENANCE ORGANIZATION, INC., (doing business as BlueLincs HMO), Plaintiff-Appellee, and Texas Health Choice, L.C., and Scott & White Health Plan, Plaintiffs-Appellees, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 13, 2008.


Attorney(s) appearing for the Case

Daniel B. Abrahams, Brown Rudnick Berlack Israels LLP, of Washington, DC, for plaintiff-appellee, GHS Health Maintenance Organization, Inc.

Michael S. Nadel, McDermott Will & Emery LLP, of Washington, DC, for plaintiffs-appellees Texas Health Choice, L.C., et al, argued for all plaintiffs-appellees.

Jane W. Vanneman, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With her on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General, and Jeanne E. Davidson, Director. Of counsel on the brief was Susan Whitman, Senior Counsel, Office of the General Counsel, Office of Personnel Management, of Washington, DC.

Before MICHEL, Chief Judge, LINN, Circuit Judge, and ZAGEL, District Judge.


ZAGEL, District Judge.

The United States appeals from a final judgment of the United States Court of Federal Claims invalidating an Office of Personnel Management ("OPM") regulation. GHS Health Maint. Org., Inc. v. United States, 76 Fed.Cl. 339 (Fed.Cl. 2007). The regulation in question, 48 C.F.R. § 1652.216-70(b)(6), addresses the manner in which OPM sets rates for community rated plans that provide health benefits to Federal employees and retirees. GHS...

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