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151946P.pdf   03/10/2016  Southeast Arkansas Hospice  v.  Sylvia Burwell
   U.S. Court of Appeals Case No:  15-1946
   U.S. District Court for the Eastern District of Arkansas - Helena   
   [PUBLISHED] [Benton, Author, with Murphy and Smith Circuit Judges] 
   Civil case - Medicare. The Secretary's decision to invoke the 
   reimbursement cap set out in 42 C.F.R. Section 418.308(d) was not an 
   unconstitutional taking in violation of the Fifth Amendment as plaintiff 
   has not met its burden of proving the demands for repayment under the 
   statutory cap are a taking or that the cap made it impossible for 
   plaintiff to profitably engage in its business; additionally, plaintiff 
   voluntarily participated in the Medicare program.