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KINDRED HOSPITALS EAST, LLC v. SEBELIUS

No. 11-3555.

694 F.3d 924 (2012)

KINDRED HOSPITALS EAST, LLC, doing business as Kindred Hospital — Kansas City, doing business as Kindred Hospital — St. Louis, Plaintiff-Appellant v. Kathleen SEBELIUS, Secretary of United States Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 12, 2012.

Attorney(s) appearing for the Case

Jason M. Healy , The Law Offices of Jason M. Healy PLLC, Washington, DC, argued ( Michael J. Abrams , R. Kent Sellers , Lathrop & Gage LLP, Kansas City, MO, on the brief), for appellant.

Henry C. Whitaker , Civ. Div., U.S. Dept. of Justice, Washington, DC, argued ( Tony West , Asst. Atty. Gen., Anthony J. Steinmeyer , Civ. Div., U.S. Dept. of Justice, on the brief), for appellee.

Before SMITH, BEAM, and SHEPHERD, Circuit Judges.

BEAM, Circuit Judge.

Kindred Hospital — Kansas City and Kindred Hospital — St. Louis (collectively, "Kindred") appeal the district court's1 order upholding the Department of Health and Human Services (DHHS) decision that Kindred should have reduced a state tax expense by the amounts it received from a privately administered pool fund on its Medicare Cost Reports for the years 2000-2003. We affirm.

I. BACKGROUND<...

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