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GOFFNEY v. BECERRA

No. 19-56368.

995 F.3d 737 (2021)

Willie H. GOFFNEY, Jr., M.D.; Advanced Surgical Associates Medical Office, Inc., a California corporation, Plaintiffs-Appellants, v. Xavier BECERRA, Secretary of the United States Department of Health and Human Services, in his official capacity, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 29, 2021.

Attorney(s) appearing for the Case

Charles G. Smith (argued) and Dana M. Silva , Law Offices of Charles G. Smith, Sherman Oaks, California, for Plaintiffs-Appellants.

Daniel Aguilar (argued) and Mark B. Stern , Appellate Staff; Nicola T. Hanna , United States Attorney; Civil Division, United States Department of Justice, Washington, D.C.; for Defendant-Appellee.

Before: Susan P. Graber, Stephen A. Higginson, and Eric D. Miller, Circuit Judges.

OPINION

Dr. Willie Goffney sought reimbursement from the Medicare program for services that he provided to covered patients. Applying its interpretation of the governing regulation, the Department of Health and Human Services (HHS) denied his claim. The Supreme Court recently reaffirmed that a reviewing court should...

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