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AVON NURSING AND REHABILITATION v. BECERRA

Docket No. 19-3953 August Term, 2020.

995 F.3d 305 (2021)

AVON NURSING AND REHABILITATION, Brightonian Nursing and Rehabilitation, Woodside Manor Nursing and Rehabilitation, The Shore Winds Nursing and Rehabilitation, The Hurlbut Nursing and Rehabilitation, Hornell Gardens Nursing and Rehabilitation, Conesus Lake Nursing and Rehabilitation, Newark Manor Nursing and Rehabilitation, Penfield Place Nursing and Rehabilitation, Hamilton Manor, Latta Road Nursing Home East, Latta Road Nursing Home West, Seneca Nursing and Rehabilitation, Elderwood at Amherst, Elderwood of Lakeside at Brockport, Elderwood at Cheektowaga, Elderwood at Grand Island, Elderwood at Hamburg, Elderwood of Hornell, Elderwood of Uihlein at Lake Placid, Elderwood at Lancaster, Elderwood at Liverpool, Elderwood at Lockport, Elderwood at North Creek, Elderwood at Waverly, Elderwood at Wheatfield, Elderwood at Williamsville, Elderwood at Riverside, Elderwood of Scallop Shell at Wakefield, Westchester Center for Rehabilitation and Nursing, Highfield Gardens Care Center of Great Neck, San Simeon By the Sound, Dry Harbor Nursing Home and Rehabilitation Center, Plaintiffs-appellants, New York Center for Rehabilitation and Nursing, Plaintiff, v. Xavier BECERRA, Secretary of the United States Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: April 27, 2021.

Attorney(s) appearing for the Case

Brian Marc Feldman , Harter Secrest & Emery LLP, Rochester, NY, for Plaintiffs-Appellants.

Christopher Connolly ( Arastu K. Chaudhury , on the brief), for Audrey Strauss , United States Attorney for the Southern District of New York, New York, NY, for Defendant-Appellee.

James F. Segroves , Reed Smith LLP, Washington, DC, for Amicus Curiae American Health Care Association.

Before: Katzmann, Lohier, and Park, Circuit Judges.

Plaintiffs-Appellants are a group of nursing homes that participate in both the Medicare and Medicaid programs, making them "dually participating facilities." They challenge the legality of a U.S. Department of Health and Human Services ("HHS") regulation that permits survey teams conducting certain inspections of nursing homes...

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