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ST. FRANCIS MEDICAL CENTER v. AZAR

No. 17-5098.

894 F.3d 290 (2018)

SAINT FRANCIS MEDICAL CENTER, et al., Appellants v. Alex M. AZAR II, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 29, 2018.

Attorney(s) appearing for the Case

Edgar C. Morrison, Jr. argued the cause for appellants. With him on the briefs were Stephen A. Calhoun , Tim S. Leonard , and Barron P. Bogatto .

Melissa N. Patterson , Attorney, U.S. Department of Justice, argued the cause for appellee. With her on the brief were Chad A. Readler , Acting Assistant Attorney General, Jessie K. Liu , U.S. Attorney, and Michael S. Raab , Attorney.

Concurring opinion filed by Circuit Judge Kavanaugh.

In 2013, the Secretary of Health and Human Services promulgated a regulation that bars hospitals from seeking additional Medicare payments by challenging factual determinations that are relevant to the payment year at issue, but that were made many years earlier. By its terms, the 2013 regulation applies only to reopenings...

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