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BETHESDA HEALTH, INC. v. AZAR

No. 19-5260.

980 F.3d 121 (2020)

BETHESDA HEALTH, INC., doing business as Bethesda Memorial Hospital, et al., Appellees v. Alex M. AZAR, II, in his official capacity as Secretary of Health and Human Services, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided November 13, 2020.

Attorney(s) appearing for the Case

Jennifer L. Utrecht , Attorney, U.S. Department of Justice, argued the cause for appellant. With her on the briefs were Mark B. Stern , Attorney, Robert P. Charrow , General Counsel, U.S. Department of Health & Human Services, Janice L. Hoffman , Associate General Counsel, Susan Maxson Lyons , Deputy Associate General Counsel for Litigation, and Debra M. Laboschin , Attorney.

Ashley C. Parrish , Washington, DC, argued the cause for appellees. With him on the brief were Mark D. Polston , Christopher P. Kenny , and Gabriel Krimm , Washington, DC.

Before: Srinivasan, Chief Judge, Katsas, Circuit Judge, and Ginsburg, Senior Circuit Judge.

The Social Security Act provides hospitals treating a disproportionate number of patients under Medicaid with a higher rate of reimbursement under Medicare. 42 U.S.C. § 1395ww(d)(5)(F). In calculating the proportion of treatment a hospital provided to Medicaid patients...

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