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KEARNEY REGIONAL MED. CENTER v. U.S. DEPT. OF HHS

No. 17-1207.

934 F.3d 812 (2019)

KEARNEY REGIONAL MEDICAL CENTER, LLC, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; Alex M. Azar, II, in his official capacity as Secretary of the United States Department of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 19, 2019.

Attorney(s) appearing for the Case

Patrick Joseph Barrett , FRASER & STRYKER, Omaha, NE, Richard A. Kear , Ryan M. Peck , MORRIS & LAING, Wichita, KS, for Plaintiff-Appellant.

Timothy Randall Hook , Assistant U.S. Attorney, U.S. ATTORNEY'S OFFICE, District of Nebraska, Omaha, NE, Michael Raab , U.S. DEPARTMENT OF JUSTICE, Civil Division, Appellate Staff, Washington, DC, for Defendant-Appellee.

Before SMITH, Chief Judge, BEAM and COLLOTON, Circuit Judges.

Kearney Regional Medical Center, LLC, sought judicial review of a decision by the Departmental Appeals Board of the United States Department of Health and Human Services to deny Kearney Regional's application to participate in the Medicare program. The facility later received approval, but the initial ruling prevented Kearney...

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