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ARKANSAS DEPT. OF HUMAN SERVICES v. SEBELIUS

Civil Action No. 10-1251 (JEB).

818 F.Supp.2d 107 (2011)

ARKANSAS DEPARTMENT OF HUMAN SERVICES, Plaintiff, v. Kathleen SEBELIUS, Secretary of the United States Department of Health and Human Services, and Donald Berwick, Administrator of the Centers for Medicare & Medicaid Services, Defendants.

United States District Court, District of Columbia.

October 12, 2011.

Attorney(s) appearing for the Case

Ryan Morland Malone, Ropes & Gray, LLP, Washington, DC, for Plaintiff.

Peter Bryce, U.S. Department of Justice, Civil Division, Washington, DC, for Defendants.

MEMORANDUM OPINION

JAMES E. BOASBERG, District Judge.

In April 2006, the Centers for Medicare & Medicaid Services (CMS) issued a notice of disallowance for $4,449,682 in federal matching funds it had paid to Plaintiff Arkansas Department of Human Services for outpatient hospital services. The Department Appeals Board (DAB) of the United States Department of Health and Human Services largely upheld the disallowance, finding that it was consistent with...

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