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GENTIVA HEALTH SERVICES, INC. v. BECERRA

No. 21-5091.

31 F.4th 766 (2022)

GENTIVA HEALTH SERVICES, INC., Appellant v. Xavier BECERRA, in his official capacity as Secretary of the U.S Department of Health and Human Services, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided April 15, 2022.

Attorney(s) appearing for the Case

W. Jerad Rissler argued the cause for appellant. With him on the briefs was Adriaen M. Morse, Jr.

William A. Dombi was on the brief for amicus curiae National Association for Home Care & Hospice in support of appellant.

McKaye L. Neumeister , Attorney, U.S. Department of Justice, argued the cause for appellee. With her on the brief was Brian M. Boynton , Acting Assistant Attorney General at the time the brief was filed, Michael S. Raab , Attorney, Janice L. Hoffman , Associate General Counsel, U.S. Department of Health & Human Services, Susan Maxson Lyons , Deputy Associate General Counsel for Litigation, and W. Charles Bailey, Jr. , Attorney. Alisa B. Klein, Attorney, U.S. Department of Justice, entered an appearance.

Before: Rogers, Millett and Pillard, Circuit Judges.

Every year, millions of Americans — most of them Medicare beneficiaries — receive hospice care. Br. for Nat'l Ass'n for Home Care & Hospice as Amicus Curiae at 5-6 (citing Nat'l Hospice & Palliative Care Org., NHCPO Facts and Figures 6-11, 22 (2020), https://bit.ly/3gTXpmx). For eligible Medicare...

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