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LION HEALTH SERVICES, INC. v. SEBELIUS

No. 4:09-CV-493-A.

689 F.Supp.2d 849 (2010)

LION HEALTH SERVICES, INC., Plaintiff, v. Kathleen SEBELIUS, Secretary, United States Department of Health and Human Services, Defendant.

United States District Court, N.D. Texas, Fort Worth Division.

February 22, 2010.

Attorney(s) appearing for the Case

Brian M. Daucher, Sheppard Mullin Ritcher & Hampton LLP, Costa Mesa, CA, Mark Ian Agee, Law Office of Mark Ian Agee, Dallas, TX, for Plaintiff.

Donna K. Webb, U.S. Attorney's Office, Fort Worth, TX, for Defendant.

MEMORANDUM OPINION and ORDER

JOHN McBRYDE, District Judge.

Now before the court is the motion of plaintiff, Lion Health Services, Inc., for summary judgment. This action is one of several pending in federal district courts nationwide in which a hospice care provider such as plaintiff seeks an order invalidating a federal regulation relating to the calculation of the annual Medicare hospice provider cap.1 Having considered...

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