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BACK v. SEBELIUS

No. 11-55175.

684 F.3d 929 (2012)

Howard BACK, Plaintiff-Appellant, v. Kathleen SEBELIUS, Secretary, U.S. Department of Health Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 5, 2012.

Attorney(s) appearing for the Case

Sally Hart , Center for Medicare Advocacy, Inc., Tucson, AZ; Gill Deford (argued), Center for Medicare Advocacy, Inc., Willimantic, CT; Richard A. Rothschild and Antionette Dozier , Western Center on Law and Poverty, Los Angeles, CA, for the plaintiff-appellant.

Tony West , Assistant Attorney General; André Birotte, Jr. , United States Attorney; Michael S. Raab and Stephanie R. Marcus (argued), Attorneys, Appellate Staff, Civil Division, U.S. Department of Justice, Washington, D.C., for the defendant-appellee.

Before: JOHN T. NOONAN, JR., and RAYMOND C. FISHER, Circuit Judges, and JAMES E. GRITZNER, District Judge.

OPINION

FISHER, Circuit Judge:

The Medicare Act sets forth a federally funded health insurance program for the aged and disabled that includes hospice care designed to provide terminally ill patients with palliative care. Howard Back brought this suit alleging that Secretary of Health and Human Services Kathleen Sebelius violated her duties under the Medicare Act and the Fifth Amendment Due Process Clause by failing to provide an administrative process for...

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