AVERETT v. UNITED STATES DEPARTMENT OF HHS

No. 18-5595.

943 F.3d 313 (2019)

Andrew AVERETT, M.D., et al., Plaintiffs-Appellees, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 25, 2019.


Attorney(s) appearing for the Case

ARGUED: Laura E. Myron , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellants. Michael A. Cottone , BASS, BERRY & SIMS, PLC, Nashville, Tennessee, for Appellees. ON BRIEF: Laura E. Myron, Mark B. Stern , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellants. Michael A. Cottone, David A. King , David R. Esquivel , BASS, BERRY & SIMS, PLC, Nashville, Tennessee, for Appellees.

Before: GRIFFIN, KETHLEDGE, and THAPAR, Circuit Judges.


OPINION

A statute's terms are not ambiguous simply because the statute itself does not define them. Here, the Centers for Medicare and Medicaid Services interpreted the same phrase—"a physician with a primary specialty designation"—to have very different meanings in parallel provisions of the Affordable...

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