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NEW MEXICO HEALTH CONNECTIONS v. U.S. DEPT. OF HHS

No. 18-2186.

946 F.3d 1138 (2019)

NEW MEXICO HEALTH CONNECTIONS, a New Mexico non-profit corporation, Plaintiff-Appellee, v. UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES; Centers for Medicare and Medicaid Services; Alex M. Azar, II, Secretary of the United States Department of Health and Human Services, in his official capacity; Seema Verma, Administrator for the Centers for Medicare and Medicaid Services, in her official capacity, Defendants-Appellants. America's Health Insurance Plans; Blue Cross Blue Shield Association, Amicus-Curiae.

United States Court of Appeals, Tenth Circuit.

FILED December 31, 2019.

Attorney(s) appearing for the Case

Joshua Revesz , U.S. Department of Justice, Washington, D.C. ( Joseph H. Hunt , Assistant Attorney General, John C. Anderson , United States Attorney, Alisa B. Klein, U.S. Department of Justice, Washington, D.C.; Robert P. Charrow , General Counsel, Kelly M. Cleary , Deputy General Counsel, H. Antony Lim , Jullia Callahan Bradley , Attorneys, U.S. Department of Health & Human Services, Washington D.C., with him on the briefs), for Defendants-Appellants.

Barak A. Bassman , Pepper Hamilton LLP, Philadelphia, Pennsylvania ( Sara B. Richman , Leah Greenberg Katz , Pepper Hamilton LLP, Philadelphia, Pennsylvania; Marc D. Machlin , Pepper Hamilton LLP, Washington, D.C.; Nancy R. Long , Long, Komer & Associates, P.A., Santa Fe, New Mexico, with him on the brief), for Plaintiff-Appellee.

Julie Simon Miller , Thomas M. Palumbo , America's Health Insurance Plans, Washington, D.C.; W. Scott Nehs , Blue Cross Blue Shield Association, Chicago, Illinois; Pratik A. Shah , Z.W. Julius Chen , Akin Gump Strauss Hauer & Feld LLP, Washington, D.C., filed an amicus curiae brief on behalf of Amici Curiae.

Before LUCERO, HARTZ, and MATHESON, Circuit Judges.

In 2010, Congress passed the Patient Protection and Affordable Care Act ("ACA") to "increase the number of Americans covered by health insurance and decrease the cost of health care." Nat'l Fed'n of Indep. Bus. v. Sebelius, 567 U.S. 519, 538, 132 S.Ct. 2566, 183 L.Ed.2d 450 (2012...

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