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HOSPICE OF NEW MEXICO, LLC v. SEBELIUS

No. CIV 09-00145 RB-LFG.

691 F.Supp.2d 1275 (2010)

HOSPICE OF NEW MEXICO, LLC, a New Mexico Corporation, Plaintiff, v. Kathleen SEBELIUS, Secretary of the United States Department of Health and Human Services, Defendant.

United States District Court, D. New Mexico.

March 5, 2010.

Attorney(s) appearing for the Case

Brian M. Daucher, Sheppard, Mullin, Ritcher & Hampton LLP, Costa Mesa, CA, Arlyn G. Crow, Albuquerque, NM, for Plaintiff.

Manuel Lucero, U.S. Attorney's Office, Albuquerque, NM, for Defendant.

MEMORANDUM OPINION

ROBERT C. BRACK, District Judge.

THIS MATTER came before the Court on the parties' cross-motions for summary judgment. (Docs. 13 & 15.) For the reasons set forth below, the Court finds that 42 C.F.R. § 418.309(b)(1) is invalid and should be set aside, Plaintiff's Motion for Summary Judgement/Stay (Doc. 15) is GRANTED, and Defendant's Motion for Summary Judgment (Doc. 13) is GRANTED IN PART and DENIED IN PART...

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