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DANA-FARBER CANCER INSTITUTE v. HARGAN

No. 16-5379.

878 F.3d 336 (2017)

DANA-FARBER CANCER INSTITUTE, Appellee, v. Eric D. HARGAN, Acting Secretary, United States Department of Health and Human Services, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 22, 2017.

Attorney(s) appearing for the Case

Carleen M. Zubrzycki , Attorney, U.S. Department of Justice, argued the cause for appellant. With her on the briefs were Michael S. Raab , Attorney, Janice L. Hoffman , Associate General Counsel, U.S. Department of Health & Human Services, and Susan Maxson Lyons , Deputy Associate General Counsel for Litigation. R. Craig Lawrence , Assistant U.S. Attorney, entered an appearance.

Douglas H. Hallward-Driemeier , Washington, argued the cause for appellee. With him on the brief was Deborah K. Gardner , Boston.

Before: Rogers, Kavanaugh, and Wilkins, Circuit Judges.

The issue on appeal concerns Medicare reimbursement owed to the Dana-Farber Cancer Institute, Inc. for a tax that it paid monthly to the Commonwealth of Massachusetts, the receipts of which Massachusetts used to compensate Dana-Farber for services provided to uninsured, low-income individuals. The Provider Reimbursement Review...

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