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REGIONAL HOME HEALTH CARE, INC. v. BECERRA

No. 20-3239.

19 F.4th 1043 (2021)

REGIONAL HOME HEALTH CARE, INC., Plaintiff-Appellant, v. Xavier BECERRA, Secretary of the United States Department of Health and Human Services; NCI Information Systems, Inc., an NCI Company, doing business as AdvanceMed Corporation; Does 1-10, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: December 6, 2021.

Attorney(s) appearing for the Case

Michael John Khouri , Khouri Law Firm, Irvine, CA, Benjamin R. Merrill , Brown & Winick, Des Moines, IA, for Plaintiff-Appellant.

David Locksley D. Faith, II , William C. Purdy , Assistant U.S. Attorney, U.S. Attorney's Office, Des Moines, IA, Jaynie Lilley, U.S. Department of Justice, Civil Division, Abby Wright , U.S. Department of Justice, Civil Division, Appellate Staff, Washington, DC, for Defendant-Appellee Xavier Becerra, Secretary of the United States Department of Health and Human Services.

Matthew Xavier Etchemendy , Vinson & Elkins, Washington, DC, David Locksley D. Faith, II , William C. Purdy , Assistant U.S. Attorney, U.S. Attorney's Office, Des Moines, IA, for Defendant-Appellee NCI Information Systems, Inc., an NCI Company, doing business as AdvanceMed Corporation.

Before SHEPHERD, WOLLMAN, and KOBES, Circuit Judges.

Regional Home Health Care, Inc. (Regional), was certified to receive reimbursement for services under the Medicare Act, 42 U.S.C. § 1395, et seq., and derived almost all of its revenue from reimbursement for home health care services rendered to Medicare patients in rural Lee County, Iowa. The Centers for Medicare...

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