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LION HEALTH SERVICES, INC. v. SEBELIUS

No. 10-10414.

635 F.3d 693 (2011)

LION HEALTH SERVICES, INC., a Texas corporation, doing business as Lion Hospice, Plaintiff-Appellee, v. Kathleen SEBELIUS, Secretary, Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 11, 2011.

Attorney(s) appearing for the Case

Mark Ian Agee , Dallas, TX, Brian McCracken Daucher (argued), Sheppard, Mullin, Ritcher & Hampton, L.L.P., Costa Mesa, CA, for Plaintiff-Appellee.

Benjamin M. Shultz (argued), Michael S. Raab , U.S. Dept. of Justice, Civ. Div., App. Staff, Washington, DC, Donna Kathleen Webb, Asst. U.S. Atty., Fort Worth, TX, for Defendant-Appellant.

Before KING, DeMOSS and PRADO, Circuit Judges.

PRADO, Circuit Judge:

This appeal concerns the validity of 42 C.F.R. § 418.309(b)(1) (the "Regulation"), a regulation promulgated by the Secretary of the U.S. Department of Health and Human Services (the "Secretary"). The Regulation purports to implement 42 U.S.C. § 1395f(i)(2), which establishes a Medicare hospice-care provider's annual aggregate cap amount for reimbursement purposes. Lion Health Services, Inc. ("Lion") contends that § 1395f(i)(2)...

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