The State of Alabama v. Centers for Medicare and Medicaid Services et al

Filing 63

MEMORANDUM OPINION AND ORDER finding that the SHO letter is a rule to which 5 U.S.C. § 553's notice and comment provisions applied, and it is hereby ORDERED that: (1) the plaintiff State of Alabama's 42 motion for summary judgment is GRANTED; (2) the defendants' 44 motion for judgment as a matter of law, or in the alternative motion for summary judgment is DENIED; (3) the SHO letter is VACATED and REMANDED to CMS so that CMS can promulgate a new rule after complying with the notice and comment requirements of the Administrative Procedure Act. Signed by Hon. Chief Judge Mark E. Fuller on 2/18/11. (djy, )

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