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LOS ANGELES HAVEN HOSPICE, INC. v. SEBELIUS

No. 09-56391.

638 F.3d 644 (2011)

LOS ANGELES HAVEN HOSPICE, INC., a California corporation, Plaintiff-Appellee, v. Kathleen SEBELIUS, Secretary of United States Department of Health and Human Services Substituted for Michael O. Leavitt, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 15, 2011.

Attorney(s) appearing for the Case

Nicholas Bagley and Benjamin M. Shultz , Department of Justice, Civil Division, Washington, D.C., for the defendant-appellant.

Brian M. Daucher , Sheppard, Mullin, Richter & Hampton, Costa Mesa, CA, for the plaintiff-appellee.

Before: CYNTHIA HOLCOMB HALL, RAYMOND C. FISHER, and JAY S. BYBEE, Circuit Judges.

OPINION

HALL, Circuit Judge:

The Secretary of Health and Human Services ("the Secretary") appeals a summary judgment in favor of Los Angeles Haven Hospice, Inc. ("Haven Hospice"), in this action challenging the so-called "hospice cap regulation," 42 C.F.R. § 418.309, pursuant to which Haven Hospice was ordered to repay more than $2.3 million it received in excess of the annual cap on reimbursement for hospice...

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