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SMITH v. BECERRA

No. 22-4012.

44 F.4th 1238 (2022)

Linda P. SMITH, Plaintiff-Appellant, v. Xavier BECERRA, in his capacity as Secretary of the United States Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED August 12, 2022.

Attorney(s) appearing for the Case

James C. Pistorino , Parrish Law Office, Pittsburgh, Pennsylvania, ( Phillip Wm. Lear , Lear & Lear PLLC, Salt Lake City, Utah, with him on the briefs), for Plaintiff-Appellant.

Joshua M. Koppel , Appellate Staff Attorney, Civil Division, United States Department of Justice, Washington, DC ( Brian M. Boynton , Principal Deputy Assistant Attorney General, Andrea T. Martinez , Interim United States Attorney, and Abby C. Wright , Appellate Staff Attorney, Civil Division, United States Department of Justice, Washington, DC, and Of Counsel: Daniel J. Barry , Acting General Counsel, Gerard Keating and Linda Keyser , Attorneys, Department of Health and Human Services, with him on the brief), for Defendant-Appellee.

Before TYMKOVICH, Chief Judge, EID, and CARSON, Circuit Judges.

Like many diabetics, Linda Smith uses a prescribed continuous glucose monitor (CGM) to track and regulate her glucose levels. When Smith purchased her CGM and its necessary supplies between 2016 and 2018, she sought reimbursement for her expenses through her medical insurance program, Medicare Part B. Medicare administrators...

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