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BANNER HEALTH v. PRICE

No. 16-5129.

867 F.3d 1323 (2017)

BANNER HEALTH, f/b/o Banner Good Samaritan Medical Center, f/b/o North Colorado Medical Center, f/b/o McKee Medical Center, f/b/o Banner Thunderbird Medical Center, f/b/o Banner Mesa Medical Center, f/b/o Banner Desert Medical Center, f/b/o Banner Estrella Medical Center, f/b/o Banner Heart Hospital, f/b/o Banner Boswell Medical Center, f/b/o Banner Baywood Medical Center, et al., Appellants v. Thomas E. PRICE, Secretary, U.S. Department of Health and Human Services, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided August 18, 2017.

Attorney(s) appearing for the Case

Sven C. Collins , Denver, CO, argued the cause for appellants. With him on the briefs was Stephen P. Nash , Denver, CO.

Robert L. Roth , James F. Segroves , Washington, DC, and John R. Hellow , Los Angeles, CA, were on the brief for amici curiae Hospitals in support of appellants.

Benjamin M. Shultz , Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief was Michael S. Raab , Attorney.

Before: Rogers, Griffith and Srinivasan, Circuit Judges.

This appeal challenges the implementation by the Secretary of Health and Human Services ("HHS") of the Medicare outlier-payment program in the late 1990s and early 2000s. The program provides "supplemental" payments to hospitals to protect them from "bearing a disproportionate share of the[] atypical costs" associated with caring for "patients...

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