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SOUTHEAST ARKANSAS HOSPICE, INC. v. SEBELIUS

No. 2:13-cv-00134-KGB.

1 F.Supp.3d 915 (2014)

SOUTHEAST ARKANSAS HOSPICE, INC., Plaintiff, v. Kathleen SEBELIUS, Secretary, United States Department of Health and Human Services, Defendant.

United States District Court, E.D. Arkansas, Eastern Division.

Signed February 20, 2014.

Attorney(s) appearing for the Case

Don E. Trimble, Attorney at Law, Little Rock, AR, for Plaintiff.

Shannon S. Smith, U.S. Attorney's Office, Little Rock, AR, for Defendant.

OPINION AND ORDER

KRISTINE G. BAKER, District Judge.

Plaintiff Southeast Arkansas Hospice, Inc. ("SEARK") brings this action against Kathleen Sebelius, the Secretary of the United States Department of Health and Human Services ("HHS"), alleging that the Secretary's regulation purportedly prohibiting SEARK from discharging hospice patients who exhaust their hospice benefits operates as a regulatory taking and that the provider agreement is an unconscionable...

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