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DOCTORS NURSING & REHAB. CENTER v. SEBELIUS

No. 09-2226.

613 F.3d 672 (2010)

DOCTORS NURSING & REHABILITATION CENTER, Plaintiff-Appellant, v. Kathleen SEBELIUS, Secretary of Health and Human Services, United States Dept. of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 16, 2010.

Attorney(s) appearing for the Case

Ari J. Rosenthal, Attorney (argued), Naperville, IL, for Plaintiff-Appellant.

Michael S. Raab, Attorney, Joshua P. Waldman, Attorney (argued), Department of Justice, Washington, DC, for Defendant-Appellee.

Before POSNER, MANION, and HAMILTON, Circuit Judges.

MANION, Circuit Judge.

After Doctors Nursing & Rehabilitation Center, a nursing home in Salem, Illinois, sued the Secretary of Heath and Human Services, claiming that Medicare underpaid it for certain services provided to Medicare beneficiaries, the agency decided to reopen its administrative proceedings and reconsider the nursing home's claims. The district court dismissed the suit, reasoning that the agency's reopening eliminated the prerequisite final decision...

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