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DEPARTMENT OF SOCIAL SERVICES v. BOWEN

No. 84-2483.

804 F.2d 1035 (1986)

DEPARTMENT OF SOCIAL SERVICES, DIVISION OF FAMILY SERVICES, Appellee, v. Otis R. BOWEN, Secretary of the Department of Health and Human Services, Carolyne K. Davis, Administrator, and the Health Care Financing Administration, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided November 4, 1986.

Attorney(s) appearing for the Case

Frances Reddis, Kansas City, Mo., for appellants.

Charles A. Miller, Washington, D.C., for appellee.

Before HEANEY and BOWMAN, Circuit Judges, and WANGELIN, Senior District Judge.

BOWMAN, Circuit Judge.

This appeal focuses on a dispute between the Department of Health and Human Services (HHS) and the Missouri Department of Social Services (DOSS) over the meaning of "overpayment" under Title XIX of the Social Security Act, 42 U.S.C. § 1396b(d)(2). As a result of a Health Care Financing Administration (HCFA)1 review of payments made by DOSS before October 1981 to nursing homes participating in the Missouri Medicaid...

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