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GENESIS HEALTHCARE, INC. v. BECERRA

No. 20-1701.

39 F.4th 253 (2022)

GENESIS HEALTHCARE, INC., Plaintiff-Appellant, v. Xavier BECERRA, as Secretary of the United States Department of Health and Human Services; George Sigounas, as Administrator of the Health Resources and Services Administration; Krista Pedley, as Captain in the United States Public Health Service and Director of the Office of Pharmacy Affairs in the Health Resources and Services Administration, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: July 1, 2022.

Attorney(s) appearing for the Case

ARGUED: James Mixon Griffin , GRIFFIN DAVIS LLC, Columbia, South Carolina, for Appellant. Brian James Springer , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. ON BRIEF: Margaret N. Fox , GRIFFIN DAVIS LLC, Columbia, South Carolina; Daniel J. Westbrook , NELSON MULLINS RILEY & SCARBOROUGH LLP, Columbia, South Carolina, for Appellant. Jeffrey Bossert Clark , Acting Assistant Attorney General, Abby C. Wright , Thais-Lyn Trayer , Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Peter M. McCoy , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellees.

Reversed and remanded by published opinion. Judge Niemeyer wrote the opinion, in which Chief Judge Gregory and Judge Agee joined.

This appeal by Genesis Healthcare, Inc. challenges the district court's order dismissing its action against the government as moot.

Genesis Healthcare is a healthcare provider participating in the federal "340B Program," which is designed to provide drugs to qualified persons at discounted prices. Under the Program...

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