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BLUE VALLEY HOSPITAL, INC. v. AZAR

No. 18-3117.

919 F.3d 1278 (2019)

BLUE VALLEY HOSPITAL, INC., Plaintiff-Appellant, v. Alex M. AZAR, II, in his official capacity as Secretary, United States Department of Health and Human Services; Seema Verma, Administrator for the Center of Medicare and Medicaid Services; Jeff Hinson, Regional Administrator for (Region 7) the Center for Medicare and Medicaid Services, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED March 27, 2019.

Attorney(s) appearing for the Case

Curtis L. Tideman ( Andrew J. Ricke with him on the briefs), Lathrop Gage LLP, Overland Park, Kansas, for Plaintiff-Appellant.

Robin R. Anderson , Assistant United States Attorney ( Stephen R. McAllister , United States Attorney, and Christopher Allman , Assistant United States Attorney, with her on the brief), Office of the United States Attorney, Kansas City, Kansas, for Defendants-Appellees.

Before LUCERO, HARTZ, and CARSON, Circuit Judges.

Blue Valley Hospital, Inc., ("BVH") appeals the district court's dismissal of its action for lack of subject matter jurisdiction. On April 11, 2018, the Department of Health and Human Services ("HHS") and the Centers for Medicare and Medicaid Services ("CMS") terminated BVH's Medicare certification. The next day, BVH sought...

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