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PALADIN COMMUNITY MENTAL HEALTH CENTER v. SEBELIUS

No. 11-50682.

684 F.3d 527 (2012)

PALADIN COMMUNITY MENTAL HEALTH CENTER; Sherry Osteen, Plaintiffs-Appellants, v. Kathleen SEBELIUS, in her official capacity as Secretary of Health and Human Services; Dr. Donald Berwick, in his official capacity as the Administrator of Centers for Medicare and Medicaid Services, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 15, 2012.

Attorney(s) appearing for the Case

Ryan Withington Gertz (argued), Gertz Adair Law Firm, Beaumont, TX, for Plaintiffs-Appellants.

Teal Luthy Miller (argued), U.S. Dept. of Justice, Civ. Div., App. Staff, Washington, DC, Mitchell Lester Weidenbach , Asst. U.S. Atty., San Antonio, TX, for Defendants-Appellees.

Before JOLLY, DeMOSS and STEWART, Circuit Judges.

DeMOSS, Circuit Judge:

This appeal involves a challenge to the 2011 Medicare payment rate set by the Secretary of Health and Human Services (the "Secretary") for partial hospitalization services. Paladin Community Mental Health Center and Sherry Osteen (collectively, "Paladin") claim the Secretary's use of both hospital-based and community mental health center cost data in establishing and adjusting the 2011 relative payment weights and ultimate payment rate was in...

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