Southeast Arkansas Hospice, Inc. v. Sebelius

OPINION AND ORDER

KRISTINE G. BAKER, District Judge.

Plaintiff Southeast Arkansas Hospice, Inc. (“SEARK”) brings this action against Kathleen Sebelius, the Secretary of the United States Department of Health and Human Services (“HHS”), alleging that the Secretary’s regulation purportedly prohibiting SEARK from discharging hospice patients who exhaust their hospice benefits operates as a regulatory taking and that the provider agreement is an unconscionable contract of adhesion, requiring SEARK to continue to serve hospice patients even after their benefit period has ended while making no…