MERCY HOSPITAL, INC. v. AZAR

No. 16-5267.

891 F.3d 1062 (2018)

MERCY HOSPITAL, INC., Appellant v. Alex M. AZAR II, Secretary, United States Department of Health and Human Services, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 8, 2018.


Attorney(s) appearing for the Case

Stephanie A. Webster argued the cause for appellant. With her on the briefs was Christopher L. Keough. James H. Richards entered an appearance.

Abby C. Wright, Attorney, U.S. Department of Justice, argued the cause for appellee. With her on the brief was Michael S. Raab, Attorney.

Before: Tatel, Griffith and Millett, Circuit Judges.


The Centers for Medicare and Medicaid Services (CMS), a division of the Department of Health and Human Services (HHS), administers Medicare reimbursements to eligible hospitals that provide inpatient rehabilitation services. The Administrator of CMS declined to hear Mercy Hospital's challenge to its reimbursement rate for...

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