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TEXAS TECH PHYSICIANS v. U.S. DEPT. OF HHS

No. 18-10620.

917 F.3d 837 (2019)

TEXAS TECH PHYSICIANS ASSOCIATES, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; Alex M. Azar, II, Secretary, U.S. Department of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED March 7, 2019.

Attorney(s) appearing for the Case

Joanne Early , Sadie Feeley Butler , Marshall J. Doke, Jr. , Stacy R. Obenhaus , Foley Gardere , Foley & Lardner, L.L.P., Dallas, TX, for Plaintiff-Appellant.

Brian Walters Stoltz , U.S. Attorney's Office, Northern District of Texas, Dallas, TX, Ann Elizabeth Cruce-Haag , Assistant U.S. Attorney, U.S. Attorney's Office, Northern District of Texas, Lubbock, TX, for Defendants-Appellees.

Before KING, HIGGINSON, and COSTA, Circuit Judges.

Medicare incentivizes services, not results. Its fee-for-service model risks not only that beneficiaries may receive treatment they do not need, but also that they may miss out on less expensive treatment that might help. See MEDICARE PAYMENT ADVISORY COMM'N, REPORT TO THE CONGRESS: REFORMING THE DELIVERY SYSTEM...

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