CHILDREN'S HOSP. OF THE KING'S DAUGHTERS v. AZAR

No. 17-2237.

896 F.3d 615 (2018)

CHILDREN'S HOSPITAL OF THE KING'S DAUGHTERS, INC., Plaintiff-Appellee, v. Alex M. AZAR II, in his official capacity, Secretary, Department of Health and Human Services; Seema Verma, in her official capacity, Administrator, Centers for Medicare & Medicaid Services; Centers for Medicare and Medicaid Services, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: July 23, 2018.


Attorney(s) appearing for the Case

ARGUED: Samantha L. Chaifetz , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellants. Geraldine E. Edens , MORGAN, LEWIS & BOCKIUS LLP, Washington, D.C.; Christopher Howard Marraro , BAKER & HOSTETLER, LLP, Washington, D.C., for Appellee. ON BRIEF: Chad A. Readler , Acting Assistant Attorney General, Mark B. Stern , Tara S. Morrissey , Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Dana J. Boente , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia; Brian R. Stimson , Acting General Counsel, Janice L. Hoffman , Associate General Counsel, Susan M. Lyons , Deputy Associate General Counsel for Litigation, David L. Hoskins , Lindsay S. Goldberg , Office of the General Counsel, Centers for Medicare & Medicaid Services Division, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Washington, D.C., for Appellants. Susan Feigin Harris , MORGAN, LEWIS & BOCKIUS LLP, Houston, Texas, for Appellee.

Affirmed in part and vacated in part by published opinion. Judge Wynn wrote the opinion, in which Judge Traxler and Judge Agee concurred.


Defendant-Appellant Alex Azar, in his official capacity as Secretary of the U.S. Department of Health & Human Services (the "Secretary"), appeals an order of the U.S. District Court for the Eastern District of Virginia enjoining the Secretary from enforcing a Medicaid policy set forth in a Frequently Asked Questions document...

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