Ambercity Hospice, Inc. v. Xavier Becerra

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 21 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

AMBERCITY HOSPICE, INC., a California No. 20-56242 corporation, D.C. No. Plaintiff-Appellant, 5:19-cv-00938-CJC-KK

v.

MEMORANDUM*

XAVIER BECERRA, Secretary of Health and Human Services,

Defendant-Appellee.

Appeal from the United States District Court for the Central District of California Cormac J. Carney, District Judge, Presiding

Submitted October 19, 2021** Pasadena, California

Before: CALLAHAN, OWENS, and FORREST, Circuit Judges.

Ambercity Hospice, Inc. (Ambercity) appeals the district court’s decision

affirming that Health and Human Services’ (HHS) denial of Medicare coverage was

based on the proper legal standard and supported by substantial evidence. It also

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). challenges the district court’s holding that Ambercity was not an innocent…