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HEARTLAND REGIONAL MEDICAL CENTER v. SEBELIUS

No. 07-5345.

566 F.3d 193 (2009)

HEARTLAND REGIONAL MEDICAL CENTER, Appellant v. Kathleen SEBELIUS, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided May 12, 2009.

Attorney(s) appearing for the Case

Michael B. DeSanctis argued the cause for appellant. With him on the briefs were Donald B. Verrilli Jr., Michelle A. Groman, and Christopher L. Crosswhite.

Thomas H. Dupree Jr., Deputy Assistant Attorney General, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, and Michael Jay Singer, Attorney. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Before: GINSBURG, TATEL and BROWN, Circuit Judges.

GINSBURG, Circuit Judge:

In 2000 the Department of Health and Human Services denied Heartland Regional Medical Center status within the Medicare program as a sole community hospital (SCH) for the years 1992 through 1999. HHS based its decision upon a 1992 regulation that provided a hospital located within 35 miles of a "like" hospital could qualify as an SCH only if it was in a rural area. As a consequence of the denial, Heartland received reimbursement for less than...

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