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FRESNO COMMUNITY HOSP. & MEDICAL CENTER v. COCHRAN

No. 19-5254.

987 F.3d 158 (2021)

FRESNO COMMUNITY HOSPITAL AND MEDICAL CENTER, doing business as Community Regional Medical Center, et al., Appellants v. Norris COCHRAN, Acting Secretary, United States Department of Health and Human Services, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided February 9, 2021.

Attorney(s) appearing for the Case

Katrina A. Pagonis , San Francisco, CA, argued the cause for appellants. With her on the briefs was Robert L. Roth , Los Angeles, CA. John R. Hellow entered an appearance.

Karen Schoen , Attorney, U.S. Department of Justice, argued the cause for appellee. With her on the brief were Michael S. Raab , Attorney, Robert P. Charrow , General Counsel, U.S. Department of Health & Human Services, Brenna E. Jenny , Deputy General Counsel and Chief Legal Officer — CMS, Janice L. Hoffman , Associate General Counsel, and Susan Maxson Lyons , Deputy Associate General Counsel for Litigation.

Before: Wilkins and Katsas, Circuit Judges, and Randolph, Senior Circuit Judge.

When Medicare overpays hospitals, it offsets that mistake by reducing future payments. A group of hospitals challenges one such reduction. We must decide whether we have jurisdiction.

I.

By 2013, Medicare was out $11 billion. The backstory? A tortuous tale — familiar to the parties —...

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