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MEMORIAL HERMANN HOSP. v. SEBELIUS

No. 12-20654.

728 F.3d 400 (2013)

MEMORIAL HERMANN HOSPITAL, Plaintiff-Appellant v. Kathleen SEBELIUS, Secretary, Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 12, 2013.

Attorney(s) appearing for the Case

Robert Jeffrey Layne , Attorney (argued), Fulbright & Jaworski L.L.P., Austin, TX, for Plaintiff-Appellant.

Michael S. Raab , Joel McElvain , Senior Counsel (argued), U.S. Department of Justice, Washington, DC, for Defendant-Appellee.

Before JOLLY, DAVIS, and PRADO, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

This appeal presents a question of Medicare reimbursement arising when Hermann Hospital ("Hermann") merged with Memorial Hospital System ("Memorial"), creating the Memorial Hermann Hospital System ("MHHS"). Following the merger, the Administrator for the Centers of Medicare and Medicaid Services ("Administrator") denied MHHS's request for a loss payment, pursuant to 42 C.F.R. § 413.134(l), holding the merger was not a bona...

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