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TEMPLE UNIV. v. SECRETARY U.S. DEPT. OF HEALTH

No. 21-1293.

2 F.4th 121 (2021)

TEMPLE UNIVERSITY HOSPITAL, INC., Appellant, v. SECRETARY UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; Administrator Centers for Medicare & Medicaid Services; Chairman Medicare Geographic Classification Review Board.

United States Court of Appeals, Third Circuit.

Filed: June 21, 2021.

Attorney(s) appearing for the Case

Joseph D. Glazer [Argued], The Law Office of Joseph D. Glazer, Suite 200, 116 Village Boulevard, Princeton, NJ 08540, Counsel for Temple University Hospital, Inc.

Thomas Pulham [Argued], United States Department of Justice Appellate Section, Room 7323, 950 Pennsylvania Avenue, N.W., Washington, DC 20530, Michael S. Raab , United States Department of Justice, Civil Division, Room 7237, 950 Pennsylvania Avenue, N.W. Washington, DC 20530, Counsel for Secretary United States Department of Health and Human Services; Administrator Centers for Medicare & Medicaid Services; Chairman Medicare Geographic Classification Review Board.

Before: PHIPPS, NYGAARD, and ROTH, Circuit Judges.

OPINION OF THE COURT

This case involves a dispute between a hospital and a federal agency over Medicare reimbursements. The core controversy concerns the hospital's geographical-area assignment for purposes of the wage index, which is used to calculate those reimbursements...

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