Doctors Testing Center, LLC II v. Department of Health and Human Services, Sylvia Mathews Burwell , Secretary1

13-2876Court of Appeals for the Eighth CircuitJan 30, 2015

Full text

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 14-1457
___________________________
Doctors Testing Center, LLC II
lllllllllllllllllllll Plaintiff - Appellant
v.
Department of Health and Human Services, Sylvia Mathews Burwell , Secretary1
lllllllllllllllllllll Defendant - Appellee
____________
Appeal from United States District Court
for the Eastern District of Arkansas - Little Rock
____________
Submitted: January 7, 2015
Filed: January 8, 2015
[Unpublished]
____________
Before GRUENDER, BENTON, and KELLY, Circuit Judges.
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PER CURIAM.
Sylvia Mathews Burwell has been appointed to serve as Secretary of the1
Department of Health and Human Services, and is substituted as appellee pursuant
to Federal Rule of Appellate Procedure 43(c).

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Doctors Testing Center, LLC II, appeals the district court’s adverse grant of2
summary judgment upholding the final decision of the Secretary of the Department
of Health and Human Services denying Medicare reimbursement for certain
audiology testing services. Following careful review, see Medcenter One Health Sys.
v. Sebelius, 635 F.3d 348, 350 (8th Cir. 2011) (standard of review), we agree with the
district court that the Secretary’s decision is supported by substantial evidence. See
42 U.S.C. § 405(g); 42 U.S.C. § 1395ff(b)(1)(A). Accordingly, the judgment is
affirmed. See 8th Cir. R. 47B.
______________________________
The Honorable Kristine G. Baker, United States District Judge for the Eastern2
District of Arkansas.
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