CONAHAN v. SEBELIUS

No. 09-17510.

659 F.3d 1246 (2011)

Heather K.L. CONAHAN, as Personal Representative of the Estate of Gaye S. Glaser, Plaintiff-Appellant, v. Kathleen SEBELIUS, in her official capacity as U.S. Dep't of Health and Human Services Secretary, Defendant-Appellee, Kaiser Foundation Health Plan, Inc., Defendant-Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 1, 2011.


Attorney(s) appearing for the Case

Robert G. Klein (argued), Dayna H. Kamimura-Ching , McCorriston Miller Mukai MacKinnon LLP, Honolulu, HI, for plaintiff-appellant Heather K.L. Conahan, personal representative of the Estate of Gaye S. Glaser.

Harry Yee , Assistant United States Attorney (argued); Florence T. Nakakuni , United States Attorney, Honolulu, HI, for defendant-appellee Kathleen Sebelius.

Dianne Winter Brookins (argued), Allison Kirk Griffiths , Alston Hunt Floyd & Ing, Honolulu, HI, for defendant-intervenor-appellee Kaiser Foundation Health Plan, Inc.

Before: DIARMUID F. O'SCANNLAIN, RICHARD C. TALLMAN, and MILAN D. SMITH, JR., Circuit Judges.


OPINION

M. SMITH, Circuit Judge:

Plaintiff-Appellant Heather K.L. Conahan, personal representative of the Estate of Gaye S. Glaser, appeals the district court's affirmance of the Medicare Appeals Council's (MAC) ruling that Defendant-Intervenor-Appellee Kaiser Foundation Health Plan, Inc. (Kaiser) is not required to pay for Glaser's liver surgery. Conahan contends that by refusing to cover the procedure,...

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