Tri-County Hospice, Inc. v. Sebelius, No. 6:2010cv00244 - Document 32 (E.D. Okla. 2011)
Court Description: FINAL JUDGMENT & ORDER OF REMAND by Judge Ronald A. White entering judgment in favor of Tri-County Hospice, Inc. against Kathleen Sebelius (terminates case), remanding case (terminates case) (trl, Chambers)
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Tri-County Hospice, Inc. v. Sebelius Doc. 32 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA TRI-COUNTY HOSPICE, INC., Plaintiff, v. KATHLEEN SEBELIUS, Secretary of the U.S. Department of Health and Human Services, Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. CIV-10-244-RAW FINAL JUDGMENT AND ORDER OF REMAND Consistent with the order entered contemporaneously in this case: 1. It is the order of the court that 42 C.F.R. §418.309(b)(1) is unlawful and set aside. 2. The prior calculation by HHS as to plaintiff for FY 2008 is also set aside. 3. The defendant is once again enjoined from henceforward using 42 C.F.R. §418.309(b)(1) to calculate the maximum amount to be paid to plaintiff for hospice care, as contemplated by 42 U.S.C. §1395f(i)(2). This matter is remanded to HHS for proceedings not inconsistent with this judgment. IT IS SO ORDERED this 24th day of JANUARY, 2011. Dated this 24th Day of January 2011. j4h4i0 Dockets.Justia.com
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