CARES COMMUNITY HEALTH v. U.S. DEPT. HEALTH HUMAN

No. 18-5319.

944 F.3d 950 (2019)

CARES COMMUNITY HEALTH, Appellant v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided December 20, 2019.


Attorney(s) appearing for the Case

James L. Feldesman , Washington, DC, argued the cause for appellant. With him on the briefs were Matthew S. Freedus , Washington, DC, and David A. Bender .

Karen Schoen , Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief were Joseph H. Hunt , Assistant Attorney General, and Alisa B. Klein , Attorney.

Before: Tatel, Pillard, and Wilkins, Circuit Judges.


A provision of the Medicare statute we call the Not Less Than Provision, 42 U.S.C. § 1395w-27(e)(3)(A), requires that private Medicare insurance plans' reimbursements to a Federally Qualified Health Center (FQHC) for government-subsidized medical services be "not less than"...

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