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PHYSICIAN HOSPITALS OF AMERICA v. SEBELIUS

No. 11-40631.

691 F.3d 649 (2012)

PHYSICIAN HOSPITALS OF AMERICA; Texas Spine & Joint Hospital, Limited, Plaintiffs-Appellants, v. Kathleen SEBELIUS, Secretary, Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 16, 2012.

Attorney(s) appearing for the Case

Scott Charles Oostdyk (argued), Lisa MacKinnon Sharp , McGuireWoods, L.L.P., Richmond, VA, Lindsey Scott Birdsong , Birdsong & Armstrong, Tyler, TX, for Plaintiffs-Appellants.

Dana Lydia Kaersvang (argued), U.S. Dept. of Justice, Kimberly L. Herb , U.S. Dept. of Justice, Civ. Div. Fed. Programs Branch, Alisa Beth Klein , Mark Bernard Stern , U.S. Dept. of Justice, Civ. Div., App. Staff, Washington, DC, Robert Austin Wells , Asst. U.S. Atty., Tyler, TX, for Defendant-Appellee.

Anthony Lee Icenogle , Icenogle & Sullivan, L.L.P., Donald P. Wilcox , Gen. Counsel, Andrea Irene Schwab , Texas Medical Ass'n, for Texas Medical Ass'n and Physicians Foundation, Inc., Amici Curiae.

Before SMITH, GARZA and SOUTHWICK, Circuit Judges.

LESLIE H. SOUTHWICK, Circuit Judge.

A trade group and a physician-owned hospital sued the Secretary of the Department of Health and Human Services. They sought injunctive relief to remedy multiple alleged constitutional infirmities with Section 6001 of the Patient Protection and Affordable Care Act of 2010. Section 6001 limits Medicare reimbursement for services furnished to a patient referred by a physician owner. Although it denied the Secretary's motion to dismiss...

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