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EMPIRE HEALTH FOUNDATION v. AZAR

Nos. 18-35845, 18-35872.

958 F.3d 873 (2020)

EMPIRE HEALTH FOUNDATION, FOR VALLEY HOSPITAL MEDICAL CENTER, Plaintiff-Appellee/Cross-Appellant, v. Alex M. AZAR II, Secretary of the United States Department of Health and Human Services, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 5, 2020.

Attorney(s) appearing for the Case

Stephanie R. Marcus (argued) and Mark B. Stern , Appellate Staff; William D. Hyslop , United States Attorney; Joseph H. Hunt , Assistant Attorney General; Civil Division, United States Department of Justice, Washington, D.C.; for Defendant-Appellant/Cross-Appellee.

Daniel John Hettich (argued), King & Spalding LLP, Washington, D.C.; Teresa A. Sherman , Paukert & Troppmann PLLC, Spokane, Washington; for Plaintiff-Appellee/Cross-Appellant.

Before: MILAN D. SMITH, JR. and N. RANDY SMITH, Circuit Judges, and JOHN R. TUNHEIM, District Judge.

OPINION

This appeal, made pursuant to the Medicare Act's expedited judicial review provision, 42 U.S.C. § 1395oo(f)(1), requires us to determine whether a rule promulgated by the Secretary of the Department of Health and Human Services (HHS) (the 2005 Rule1) is procedurally...

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