Lion Health Services, Inc. v. Sebelius

PRADO, Circuit Judge:

This appeal concerns the validity of 42 C.F.R. § 418.309(b)(1) (the “Regulation”), a regulation promulgated by the Secretary of the U.S. Department of Health and Human Services (the “Secretary”). The Regulation purports to implement 42 U.S.C. § 1395f(i)(2), which establishes a Medicare hospice-care provider’s annual aggregate cap amount for reimbursement purposes. Lion Health Services, Inc. (“Lion”) contends that § 1395f(i)(2) unambiguously requires the Secretary to calculate a provider’s number of beneficiaries per year for annual-reimbursement-cap purposes by allocating…