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1320a-7 was so arbitrary and capricious that it violated his substantive due process rights. Under 42 U.S.C. COUNSEL ON BRIEF C. Thomas Hectus HECTUS LAW OFFICE Louisville Kentucky for Appellant. Scott R. McIntosh John S. Koppel UNITED STATES DEPARTMENT OF JUSTICE Washington D.C. for Appellees. 1320a-7 was the permissive exclusion found in 42 U.S.C. 1320a-7 b not the mandatory exclusion in subsection a. HHS s decision to exclude Parrino is consistent with the clear and unambiguous language of...
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