Legal Opinion

Tex. Tech Physicians Assocs. v. U.S. Dep't of Health & Human Servs.

Court of Appeals for the Fifth Circuit

Decided March 7, 2019No. 18-10620PublishedCited by 9 opinions

1Opinion of the Court

GREGG COSTA, Circuit Judge:

*840 Medicare incentivizes services, not results. Its fee-for-service model risks not only that beneficiaries may receive treatment they do not need, but also that they may miss out on less expensive treatment that might help. See MEDICARE PAYMENT ADVISORY COMM'N, REPORT TO THE CONGRESS: REFORMING THE DELIVERY SYSTEM 7 (June 2008). To test whether other approaches could be more efficient, Congress authorizes "experiments and demonstration projects" deviating from the ordinary Medicare reimbursement rules. 42 U.S.C. § 1395b-1. This case arises from one such demonstration…

2Cases cited16 opinions

  1. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  2. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  3. Shinseki, Secretary of Veterans Affairs v. SandersSupreme Court of the United States · 2009
  4. Transohio Savings Bank v. Director, Office of Thrift SupervisionCourt of Appeals for the D.C. Circuit · 1993
  5. Bennett v. Kentucky Department of EducationSupreme Court of the United States · 1985

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3Cited by9 opinions

  1. Zzyym v. PompeoCourt of Appeals for the Tenth Circuit · 2020
  2. BNSF Railway v. FRACourt of Appeals for the Fifth Circuit · 2024
  3. Barr v. SECCourt of Appeals for the Fifth Circuit · 2024
  4. OnPath Fed Crdt Un v. US Dept of TreaCourt of Appeals for the Fifth Circuit · 2023
  5. Anson General Hospital v. Alex Azar, II, SeCourt of Appeals for the Fifth Circuit · 2020

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