Scope of Board's legal authority

CurrencyCurrent through May 31, 2023
Citation 42 C.F.R. §405.1867
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2 cases
  • E. Tex. Med. Center-Athens v. Azar
    • United States
    • U.S. District Court — District of Columbia
    • October 18, 2018
    ...table, CMS proposed to redesignate Henderson County, Texas to the CBSA for Tyler, Texas....JA 11 (footnotes omitted) (first quoting 42 C.F.R. § 405.1867 ; then quoting Kennecott Utah Copper Corp. v. U.S. Dep't of Interior, 88 F.3d 1191, 1223 (D.C. Cir. 1996) ). After examining the Proposed ......
  • Bayshore Cmty. Hosp. v. Hargan, Case No. 16–cv–2353 (APM)
    • United States
    • U.S. District Court — District of Columbia
    • October 25, 2017
    ...the regulation from the Code of Federal Regulations nor acquiesced to the court's decision in Banner Heart . See id. at 6 (citing 42 C.F.R. § 405.1867 ). Reviewing the procedural history of the matter before it and treating the self-disallowance regulation as valid, the Board determined it ......

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