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GRANT MEDICAL CENTER v. HARGAN

No. 16-5314.

875 F.3d 701 (2017)

GRANT MEDICAL CENTER, et al., Appellants v. Eric D. HARGAN, Acting Secretary, United States Department of Health And Human Services, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided November 17, 2017.

Attorney(s) appearing for the Case

Daniel C. Gibson argued the cause for appellants. With him on the briefs was James F. Flynn.

Weili J. Shaw , Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief was Michael S. Raab , Attorney.

Before: Garland, Chief Judge, Tatel, Circuit Judge, and Ginsburg, Senior Circuit Judge.

One of our sister circuits, the Sixth, ruled that the Centers for Medicare and Medicaid Services' (CMS) method for counting hospital beds conflicted with the plain language of the applicable regulation. CMS amended the regulation to permit its preferred counting method but —...

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