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SOUTHEAST ARKANSAS HOSPICE, INC. v. SEBELIUS

Case No. 4:10CV00721 BSM.

784 F.Supp.2d 1102 (2011)

SOUTHEAST ARKANSAS HOSPICE, INC., Plaintiff v. Department of Health and Human Services, Kathleen SEBELIUS, Secretary, Defendant.

United States District Court, E.D. Arkansas, Western Division.

March 24, 2011.

Attorney(s) appearing for the Case

Don E. Trimble , Attorney at Law, Little Rock, AR, for Plaintiff.

Shannon S. Smith , U.S. Attorney's Office, Little Rock, AR, for Defendant.

ORDER

BRIAN S. MILLER, District Judge.

Plaintiff Southeast Arkansas Hospice, Inc., (SEARK) filed this case against defendant Kathleen Sebelius, the Secretary of the United States Department of Health and Human Services (DHHS), seeking to invalidate the Secretary's regulation implementing a statutory cap on Medicare payments to hospice-care providers. Four motions are pending: (1) the Secretary's motion to dismiss for lack of subject matter jurisdiction...

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