Clarian Health West, LLC v. Eric Hargan

EDWARDS, Senior Circuit Judge:

This case involves a challenge to the legality of a Department of Health and Human Services (“HHS”) decision to set forth certain policies regarding the means of calculating reimbursements for Medicare-providers in an instruction manual without engaging in notice-and-comment rulemaking. Because we find that nothing required the agency to proceed otherwise, we must respect its selected approach. See Perez v. Mortg. Bankers Ass’n, — U.S. —, 135 S.Ct. 1199, 1206, 191 L.Ed.2d 186 (2015) (emphasizing that courts may not “improperly impose[ ] on agencies an obligation…