BARROWS v. BURWELL

No. 13-4179-cv.

777 F.3d 106 (2015)

Lee BARROWS, et al., individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Sylvia Mathews BURWELL, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: January 22, 2015.


Attorney(s) appearing for the Case

Alice Bers ( Gill Deford , Center for Medicare Advocacy, Inc., Willimantic, CT; Anna Rich , National Senior Citizens Law Center, Oakland, CA, on the brief), Center for Medicare Advocacy, Inc., Willimantic, CT, for Barrows, et al., Plaintiffs-Appellants.

Jeffrey A. Clair ( Stuart F. Delery , Assistant Attorney General, Adam C. Jed , Michael S. Raab , United States Department of Justice, Civil Division, Appellate Staff, Washington, DC; Deirdre M. Daly , United States Attorney for the District of Connecticut, on the brief), United States Department of Justice, Civil Division, Appellate Staff, Washington, DC, for Burwell, Defendant-Appellee.

Mark G. Arnold , Husch Blackwell LLP, Clayton, MO, for Amicus Curiae American Health Care Association.

Edith M. Kallas , Whatley Kallas, LLP, New York, N.Y., for Amici Curiae American Medical Association, et al.

Catherine E. Stetson , Hogan Lovells U.S. LLP, Washington, DC, for Amicus Curiae American Hospital Association.

Before: WINTER, WALKER, and CABRANES, Circuit Judges.


In this putative class action lawsuit, plaintiffs-appellants sue the Secretary of Health and Human Services ("Secretary") on behalf of Medicare beneficiaries who were placed into "observation status" by their hospitals rather than being admitted as "inpatients." Because "inpatients" are covered by Medicare Part...

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