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VISTA HEALTH PLAN v. U.S. DEPT. OF HEALTH & HUMAN

No. 20-50963.

31 F.4th 946 (2022)

VISTA HEALTH PLAN, INCORPORATED; Vista Service Corporation, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; Xavier Becerra, Secretary, U.S. Department of Health and Human Services; Centers for Medicare and Medicaid Services; Seema Verma, Administrator of the Centers for Medicare and Medicaid Services, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED April 20, 2022.

Attorney(s) appearing for the Case

Jennifer Scott Riggs , Riggs & Ray, Austin, TX, for Plaintiffs-Appellants.

Jeffrey Eric Sandberg , Attorney, Alisa Beth Klein, Esq. , James Ryan Powers , Trial Attorney, U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, for Defendants-Appellees.

Before Higginbotham, Stewart, and Wilson, Circuit Judges.

Our prior panel opinion, Vista Health Plan, Inc. v. United States Department of Health and Human Services, 29 F.4th 210 (5th Cir. 2022), is WITHDRAWN and the following opinion is SUBSTITUTED therefor.

The United States Department of Health and Human Services (HHS) implements a risk-adjustment program...

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