Native Angels Home Care Agency, Inc. v. Sebelius

ORDER

JAMES C. DEVER III, District Judge.

Native Angels Home Care Agency, Inc. (“Native Angels” or “plaintiff’), a Medicare-certified hospice provider, filed suit against Kathleen Sebelius, Secretary of the U.S. Department of Health and Hu man Services (“Secretary” or “defendant”) and contends that 42 C.F.R. § 418.309(b)(1) is invalid and contrary to law. For purposes of calculating a hospice provider’s Medicare-reimbursement “cap” for a fiscal year, 42 C.F.R. § 418.309(b)(1) dictates how to determine the number of Medicare beneficiaries that a hospice provider has serviced in that fiscal year.…