CAPE COD HOSP. v. SEBELIUS

No. 09-5447.

630 F.3d 203 (2011)

CAPE COD HOSPITAL, et al., Appellants v. Kathleen SEBELIUS, Secretary, United States Department of Health and Human Services, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided January 14, 2011.


Attorney(s) appearing for the Case

Paul D. Clement argued the cause for appellants. With him on the briefs were Christopher L. Keough , Stephanie A. Webster , Erin E. Murphy , John M. Faust , and John P. Elwood .

Jeffrey Clair , Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Ronald Machen , U.S. Attorney, and Michael S. Raab , Attorney. R. Craig Lawrence , Assistant U.S. Attorney, entered an appearance.

Opinion for the Court filed by Circuit Judge TATEL.


TATEL, Circuit Judge:

Five hospitals contend that the Secretary of Health and Human Services improperly implemented a statutory provision in a way that over the years has progressively reduced Medicare payments for inpatient services. In particular, they challenge rules governing reimbursements for the 2007 and 2008 fiscal years. Because the Secretary failed to provide a reasoned response to the hospitals' comments regarding...

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