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TENNESSEE HOSP. ASSOCIATION v. AZAR

Nos. 17-597/6033.

908 F.3d 1029 (2018)

TENNESSEE HOSPITAL ASSOCIATION; Takoma Regional Hospital; Delta Medical Center; Parkwest Hospital, Plaintiffs-Appellees/Cross-Appellants, v. Alex M. AZAR, II, in His Official Capacity as Secretary of Health and Human Services; Seema Verma, Administrator of the Centers for Medicare and Medicaid Services; Centers for Medicare and Medicaid Services, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 14, 2018.

Attorney(s) appearing for the Case

ARGUED: Tara S. Morrissey , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellants/Cross-Appellees. William H. West , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ, PC, Nashville, Tennessee, for Appellees/Cross-Appellants. ON BRIEF: Tara S. Morrissey, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellants/Cross-Appellees. William H. West, BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ, PC, Nashville, Tennessee, for Appellees/Cross-Appellants.

MOORE, J., delivered the opinion of the court in which STRANCH, J., joined, and KETHLEDGE, J., joined in the result. KETHLEDGE, J. (pp. 1047-50), delivered a separate opinion concurring in the judgment.

OPINION

This case marks the latest in a string of lawsuits brought by hospitals across the country challenging efforts by the Centers for Medicare and Medicaid Services ("CMS") to direct states to recoup certain reimbursements made under the Medicaid program. Here, plaintiffs are the Tennessee Hospital...

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