NATIVE ANGELS HOME CARE AGENCY, INC. v. SEBELIUS

No. 7:09-CV-187-D.

749 F.Supp.2d 370 (2010)

NATIVE ANGELS HOME CARE AGENCY, INC., Plaintiff, v. Kathleen SEBELIUS, Defendant.

United States District Court, E.D. North Carolina, Southern Division.

October 29, 2010.


Attorney(s) appearing for the Case

Matthew William Wolfe , Renee J. Montgomery , Parker, Poe, Adams & Bernstein, LLP, Raleigh, NC, for Plaintiff.

Matthew Lee Fesak , R.A. Renfer, Jr. , U.S. Attorney's Office, Raleigh, NC, for Defendant.


ORDER

JAMES C. DEVER III, District Judge.

Native Angels Home Care Agency, Inc. ("Native Angels" or "plaintiff"), a Medicare-certified hospice provider, filed suit against Kathleen Sebelius, Secretary of the U.S. Department of Health and Human Services ("Secretary" or "defendant") and contends that 42 C.F.R. § 418.309(b)(1) is invalid and contrary to law. For purposes of calculating a hospice provider's...

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