Affiliated Professional Home Health Care Agency v. Shalala

I. FACTUAL AND PROCEDURAL BACKGROUND

In this appeal we must decide whether the district court properly granted a preliminary injunction in favor of Affiliated Professional Home Health Care Agency (“APRO”).

APRO is a health care agency that specializes in providing home-based health care. It is an African-American owned enterprise, founded in 1993, that operates in Harris, Galveston, and Jefferson Counties, Texas. In 1997, APRO was participating as a health care provider in the federal Medicare pro gram, as established by Title XVIII of the Social Security Act, 42 U.S.C. § 1395 et seq. Although…