Lee BARROWS, on behalf of herself and all others similarly situated, Michael Savage, on behalf of himself and all others similarly situated, George Renshaw, on behalf of himself and all others similarly situated, Shirley Burton, on behalf of herself and all others similarly situated, Denise Rugman, on behalf of herself and all others similarly situated, Ann Pelow, Executor of the Estate of Richard Bagnall, James Mulcahy, Executor of the Estate of Sarah Mulcahy, Plaintiffs-Appellees,
Brenda Hardy, Executrix of the Estate of Loretta Jackson, Gary Goodman, Estate of Dorothy Goodman, Christina Alexander, Representative of the Estate of Bernice Morse, Mary Smith, Representative of the Estate of Martha Leyanna, Peggy Leider, for Irma Becker, William Hodges, for Louis Dziadzia, Michael Holt, Executor of the Estate of Charles Holt, Intervenors-Plaintiffs-Appellees,
Richard Bagnall, on behalf of himself and all others similarly situated, Sarah Mulcahy, on behalf of herself and all others similarly situated, Plaintiffs,
Jessie Ruschmann, Representative of the Estate of Frederick Ruschmann, Bernice Morse, Frederick Ruschmann, Louis Dziadzia, Loretta Jackson, Martha Leyanna, Charles Holt, on behalf of themselves and all others similarly situated, Irma Becker, Dorothy Goodman, on behalf of herself and all others similarly situated, Intervenors-Plaintiffs,
v.
Xavier BECERRA, Secretary of Health and Human Services, Defendant-Appellant.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Adam C. Jed ( Michael S. Raab , on the brief), Attorneys, Appellate Staff, for Brian M. Boynton , Acting Assistant Attorney General, Civil Division, United States Department of Justice, Washington, D.C., for Defendant-Appellant.
M. Geron Gadd , Kelly Bagby , William Alvarado Rivera , on the brief, AARP Foundation, Washington, D.C.; Kasey Considine , on the brief, Disability Rights Connecticut, Hartford, CT, for amici curiae AARP, AARP Foundation, National Disability Rights Network, and Disability Rights Connecticut.
Erin G. Sutton , on the brief, American Medical Association, Chicago, IL, for amici curiae The American Medical Association and Connecticut State Medical Society.
James F. Segroves , on the brief, Reed Smith LLP, Washington, D.C., for amicus curiae The American Health Care Association.
Before: Walker, Calabresi, and Cabranes, Circuit Judges.
John M. Walker, Jr., Circuit Judge.
The plaintiff-appellee class members are Medicare Part A beneficiaries who are formally admitted to a hospital as "inpatients" before their subsequent reclassification as outpatients receiving "observation services." Plaintiffs brought this suit alleging, inter alia, that defendant-appellant Xavier Becerra...
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