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GENTIVA HEALTHCARE CORP. v. SEBELIUS

No. 12-5179.

723 F.3d 292 (2013)

GENTIVA HEALTHCARE CORPORATION, doing business as Heritage Home Health, Appellant v. Kathleen SEBELIUS, Secretary, U.S. Department of Health and Human Services, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided July 23, 2013.

Attorney(s) appearing for the Case

Robert L. Roth argued the cause for appellant. With him on the brief was Patric Hooper.

Adam C. Jed , Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Stuart F. Delery , Principal Deputy Assistant Attorney General, Ronald C. Machen Jr. , U.S. Attorney, and Mark B. Stern , Attorney.

Opinion for the Court filed by Chief Judge GARLAND.

GARLAND, Chief Judge:

Gentiva Healthcare Corporation is a provider of home health-care services. Gentiva contends that the Secretary of Health and Human Services violated the Medicare statute by delegating to an outside contractor the authority to determine whether Gentiva's Medicare reimbursement claims exhibited a "sustained or high level of payment error." 42 U.S.C. § 1395ddd(f)(3). We conclude that the Secretary reasonably construed the statute to permit...

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