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METROPOLITAN HOSP. v. U.S. DEPT. OF HEALTH

Nos. 11-2465, 11-2466.

712 F.3d 248 (2013)

METROPOLITAN HOSPITAL, a Michigan non-profit corporation, Plaintiff-Appellee/Cross-Appellant, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; Kathleen Sebelius, Secretary of the United States Department of Health and Human Services, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 27, 2013.

Attorney(s) appearing for the Case

ARGUED: Stephanie R. Marcus , United States Department of Justice, Washington, D.C., for Appellants/Cross-Appellees. Leah E. Pogoriler , Covington & Burling LLP, Washington, D.C., for Appellee/Cross-Appellant. ON BRIEF: Stephanie R. Marcus , Anthony J. Steinmeyer , United States Department of Justice, Washington, D.C., for Appellants/Cross-Appellees. Leah E. Pogoriler , Caroline M. Brown , Covington & Burling LLP, Washington, D.C., for Appellee/Cross-Appellant. Kenneth R. Marcus , Honigman Miller Schwartz and Cohn LLP, Detroit, Michigan, Jeffrey A. Lovitky , Washington, D.C., for Amici Curiae.

GILMAN, J., delivered the opinion of the court, in which CLAY, J. joined. McKEAGUE, J. (pp. 270-75), delivered a separate dissenting opinion.

OPINION

RONALD LEE GILMAN, Circuit Judge.

This case involves a challenge to regulation 42 C.F.R. § 412.106(b), promulgated in 2004 by the United States Department of Health and Human Services (HHS). The regulation deals with the amount that certain hospitals are entitled to receive as enhancements to their regular reimbursement payments from the Medicare program. In connection with this program, Congress...

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