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COMMUNITY HEALTH CHOICE, INC. v. U.S.

2019-1633 2019-2102.

970 F.3d 1364 (2020)

COMMUNITY HEALTH CHOICE, INC., Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant. Maine Community Health Options, Plaintiff-Appellee v. United States, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: August 14, 2020.

Attorney(s) appearing for the Case

William Lewis Roberts , Faegre Drinker Biddle & Reath LLP, Minneapolis, MN, argued for plaintiff-appellee in 19-1633. Also represented by Jonathan William Dettmann , Nicholas James Nelson .

Daniel William Wolff , Crowell & Moring, LLP, Washington, DC, argued for plaintiff-appellee in 19-2102. Also represented by Stephen John McBrady , Skye Mathieson , Charles Baek , Clifton S. Elgarten .

Alisa Beth Klein , Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellant. Also represented by Mark B. Stern , Ethan P. Davis .

Stephen A. Swedlow , Quinn Emanuel Urquhart & Sullivan, LLP, Chicago, IL, for amicus curiae Common Ground Healthcare Cooperative. Also represented by David Cooper , New York, NY; J. D. Horton , Adam Wolfson , Los Angeles, CA.

Before Dyk, Bryson, and Taranto, Circuit Judges.

Today in Sanford Health Plan v. United States ("Sanford"), No. 19-1290, we hold that the United States failed to comply with section 1402 of the Patient Protection and Affordable Care Act ("ACA"), Pub. L. No. 111-148, 124 Stat. 119, 220-24 (2010) (codified at 42 U.S.C. § 18071)—which requires the government...

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