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CATHOLIC HEALTH INITIATIVES IOWA CORP. v. SEBELIUS

No. 12-5092.

718 F.3d 914 (2013)

CATHOLIC HEALTH INITIATIVES IOWA CORPORATION, Doing Business as Mercy Medical Center-Des Moines, Appellee v. Kathleen SEBELIUS, Secretary, United States Department of Health and Human Services, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 11, 2013.

Attorney(s) appearing for the Case

Stephanie R. Marcus , Attorney, U.S. Department of Justice, argued the cause for appellant. With her on the briefs were Stuart F. Delery , Acting Assistant Attorney General, Ronald C. Machen Jr. , U.S. Attorney, and Anthony J. Steinmeyer , Attorney.

Christopher L. Keough argued the cause for appellee. With him on the brief were J. Harold Richards and Hyland Hunt .

John M. Faust was on the brief for amici curiae Southwest Consulting Associates, LP, et al. in support of appellee.

Kenneth R. Marcus was on the brief for amicus curiae Quality Reimbursement Services, Inc. in support of appellee.

Opinion for the Court filed by Senior Circuit Judge SILBERMAN.

SILBERMAN, Senior Circuit Judge:

Catholic Health Initiatives challenged a decision of the Secretary of Health and Human Services denying certain Medicare reimbursements that Catholic Health believed it was owed under the Medicare statute. The district court held that the Secretary's decision was unlawful because the agency, in calculating reimbursements owed for a 1997 cost-reporting period, had retroactively applied a 2004 rulemaking without congressional authorization...

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