AUTUMN JOURNEY HOSPICE, INC. v. Sebelius

MEMORANDUM OPINION

Overruling the Defendant’s Objection to the Plaintiff’s Related Case Designation; Denying the Defendant’s Motion to Dismiss

RICARDO M. URBINA, District Judge.

I. INTRODUCTION

The plaintiff is a hospice care provider participating in Medicare, a federal pro gram administered by the Department of Health and Human Services (“HHS”). It commenced this action pursuant to the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 553 et seq., challenging HHS’s demands for repayment of funds distributed to the plaintiff purportedly in excess of the lawful cap on such distributions. Because…