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SILVERADO HOSPICE, INC. v. BECERRA

No. 20-56348.

42 F.4th 1112 (2022)

SILVERADO HOSPICE, INC., a Delaware corporation; ProCare Hospice, LLC, a Delaware limited liability corporation, Plaintiffs-Appellants, v. Xavier BECERRA, Secretary of United States Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 1, 2022.

Attorney(s) appearing for the Case

Brian M. Daucher (argued), Sheppard Mullin Richter & Hampton LLP, Costa Mesa, California; Matthew G. Halgren , Sheppard Mullin Richter & Hampton LLP, San Diego, California; for Plaintiffs-Appellants.

McKaye L. Neumeister (argued) and Michael S. Raab , Appellate Staff; Tracy L. Wilkison , Acting United States Attorney; Brian M. Boynton , Acting Assistant Attorney General; Civil Division, United States Department of Justice, Washington, D.C.; Daniel J. Barry , Acting General Counsel; Janice L. Hoffman , Associate General Counsel; Susan Maxson Lyons , Deputy Associate General Counsel for Litigation; W. Charles Bailey Jr. , Attorney; United States Department of Health & Human Services, Washington, D.C.; for Defendant-Appellee.

W. Jerad Rissler , Arnal Golden Gregory LLP, Atlanta, Georgia; William A. Dombi , Director, Center for Health Law, Washington, D.C.; for Amicus Curiae National Association for Home Care & Hospice.

Before: Morgan Christen and Daniel A. Bress, Circuit Judges, and Barbara M. G. Lynn, District Judge.

OPINION

This case involves the complex interaction between two statutory limits on federal Medicare spending relating to hospice care. Hospices that treat Medicare beneficiaries receive periodic reimbursements throughout the year from the Centers for Medicare and Medicaid Services (CMS), but the Medicare statute caps...

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