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UNITY HEALTHCARE v. AZAR

No. 18-1316, No. 18-1703, No. 18-1704.

918 F.3d 571 (2019)

UNITY HEALTHCARE, Plaintiff-Appellant v. Alex M. AZAR, II, Secretary, U.S. Department of Health and Human Services, Defendant-Appellee, St. Anthony Regional Hospital, Plaintiff-Appellant, v. Alex M. Azar, II, Secretary, U.S. Department of Health and Human Services, Defendant-Appellee, Lakes Regional Healthcare, Plaintiff-Appellant, v. Alex M. Azar, II, Secretary of the Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 12, 2019.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of appellant Unity HealthCare was Leslie Demaree Goldsmith, of Baltimore, MD. The following attorney(s) appeared on the appellant brief of Unity HealthCare; Adam Daniel Zenor , of Des Moines, IA.

Counsel who presented argument on behalf of appellants St. Anthony Regional Hospital and Lakes Regional Healthcare was Angela E. Dralle , of Des Moines, IA. Also appearing on the brief of St. Anthony and Lakes Regional was Edwin N. McIntosh , of Des Moines, IA.

Counsel who presented argument on behalf of the appellee was Karen Schoen , Appellate, USDOJ, Civil Division, of Washington, DC. The following attorney(s) appeared on the appellee brief; Chad A. Readler , Acting Assistant Attorney General, Michael Raab , Department of Justice, Civil Division, Appellate, Peter E. Deegan, Jr. , and Marc Krickbaum , United States Attorneys, Timothy L. Vavricek , Assistant United States Attorney, Jonathan C. Brumer , and Nancy K. Achord , U. S. Department of Health and Human Services.

Before BENTON, BEAM, and ERICKSON, Circuit Judges.

The Medicare statute directs the Secretary of Health and Human Services to adjust payment amounts to qualifying sole community and rural hospitals through a "volume-decrease adjustment" ("VDA") when a hospital experiences a significant decrease in the number of its inpatients because of circumstances beyond its control....

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