Legal Opinion

Los Angeles Haven Hospice, Inc. v. Sebelius

Court of Appeals for the Ninth Circuit

Decided March 15, 2011No. 09-56391PublishedCited by 70 opinions

1Opinion of the Court

OPINION

HALL, Circuit Judge:

The Secretary of Health and Human Services (“the Secretary”) appeals a summary judgment in favor of Los Angeles Haven Hospice, Inc. (“Haven Hospice”), in this action challenging the so-called “hospice cap regulation,” 42 C.F.R. § 418.309, pursuant to which Haven Hospice was ordered to repay more than $2.3 million it received in excess of the annual cap on reimbursement for hospice care it provided to Medicare beneficiaries in fiscal year 2006 (“FY 2006”). The district court declared the hospice cap regulation to be arbitrary, capricious, and contrary to law and,…

2Cases cited28 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  3. Warth v. SeldinSupreme Court of the United States · 1975
  4. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
  5. Baker v. CarrSupreme Court of the United States · 1962

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3Cited by70 opinions

  1. State of Texas v. USACourt of Appeals for the Fifth Circuit · 2015
  2. State of California v. the Little Sisters of the PoorCourt of Appeals for the Ninth Circuit · 2018
  3. Full Life Hospice, LLC v. SebeliusCourt of Appeals for the Ninth Circuit · 2013
  4. East Bay Sanctuary Covenant v. Donald TrumpCourt of Appeals for the Ninth Circuit · 2018
  5. Spinedex Physical Therapy USA Inc. v. United Healthcare of Arizona, Inc.Court of Appeals for the Ninth Circuit · 2014

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