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CLARIAN HEALTH WEST, LLC v. HARGAN

No. 16-5307.

878 F.3d 346 (2017)

CLARIAN HEALTH WEST, LLC, doing business as Clarian West Medical Center, Appellee, v. Eric HARGAN, Acting Secretary, U.S. Department of Health and Human Services, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 26, 2017.

Attorney(s) appearing for the Case

Katherine Twomey Allen , Attorney, U.S. Department of Justice, argued the cause for appellant. With her on the briefs was Michael S. Raab , Attorney.

Z.W. Julius Chen , Washington, DC, argued the cause for appellee. With him on the briefs were Christopher L. Keough and Stephanie A. Webster , Washington, DC.

Before: Garland, Chief Judge, Henderson, Circuit Judge, and Edwards, Senior Circuit Judge.

This case involves a challenge to the legality of a Department of Health and Human Services ("HHS") decision to set forth certain policies regarding the means of calculating reimbursements for Medicare providers in an instruction manual without engaging in notice-and-comment rulemaking. Because we find that nothing...

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