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PALOMAR MEDICAL CENTER v. SEBELIUS

No. 10-56529.

672 F.3d 1152 (2012)

PALOMAR MEDICAL CENTER, Plaintiff-Appellant, v. Kathleen SEBELIUS, Secretary of Southern Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

March 14, 2012.

Attorney(s) appearing for the Case

Dick Semerdjian, Esquire , Schwartz Semerdjian Haile Ballard & Cauley, LLP, San Diego, CA, Ronald Connelly , Powers Pyles Sutter & Verville PC, Washington, DC, for Plaintiff-Appellant.

Christine Noel Kohl, Esquire , Anthony John Steinmeyer , Assistant Director, DOJ-U.S. Department of Justice, Washington, DC, for Defendant-Appellee.

Before: HARRY PREGERSON, RONALD M. GOULD, and RICHARD C. TALLMAN, Circuit Judges.

ORDER

The panel invites amicus briefs addressing the following questions:

(1) Do the regulations at 42 C.F.R. §§ 405.926(l) and 405.980(a)(5) bar administrative review of a contractor's decision to reopen a Medicare claim, including the contractor's compliance with the good cause standard for reopening set forth at 42 C.F.R. §§ 405.980(b)(2) and 405.986? (2) If the regulations bar administrative review of a contractor...

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