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FOX INS. CO. v. CENTERS FOR MEDICARE AND MEDICAID

Nos. 11-16286, 11-17890.

715 F.3d 1211 (2013)

FOX INSURANCE COMPANY, INC., Plaintiff-Appellant, v. CENTERS FOR MEDICARE AND MEDICAID SERVICES; United States Department of Health and Human Services; Donald Berwick, Administrator, Centers for Medicare and Medicaid Services; Kathleen Sebelius, Secretary, United States Department of Health and Human Services, Defendants-Appellees. Fox Insurance Company Incorporated, Plaintiff-Appellant, v. Centers for Medicare and Medicaid Services; United States Department of Health and Human Services; Donald Berwick, Administrator, Centers for Medicare and Medicaid Services; Kathleen Sebelius, Secretary, United States Department of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 14, 2013.

Attorney(s) appearing for the Case

Steven J. Rosenbaum (argued) and Peter D. Saharko , Covington & Burling LLP, Washington, D.C., for Plaintiff-Appellant.

Tony West , Assistant Attorney General, Stuart F. Delery , Acting Assistant Attorney General, Ann Birmingham Scheel , Acting United States Attorney, Mark B. Stern and Sarang V. Damle (argued), Appellate Staff, United States Department of Justice, Washington, D.C. for Defendants-Appellees.

Before: MARY M. SCHROEDER, ANDREW J. KLEINFELD, and MARSHA S. BERZON, Circuit Judges.

OPINION

SCHROEDER, Senior Circuit Judge:

These are two appeals stemming from the government's immediate termination of a Medicare Part D services contract with a prescription drug insurance coverage provider, Plaintiff-Appellant Fox Insurance Company, Inc. The government terminated the contract in March of 2010 after it had warned Fox of delays in patients' access to needed medication. Fox had frequently delayed and sometimes completely denied patients'...

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