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KWOUN v. SOUTHEAST MO. PROF. STANDARDS REV. ORG'N

Nos. 85-2379, 86-1502 and 86-1838.

811 F.2d 401 (1987)

Soung O. KWOUN et al., Appellees, v. SOUTHEAST MISSOURI PROFESSIONAL STANDARDS REVIEW ORGANIZATION et al., Appellants. Soung O. KWOUN et al., Appellants, v. SOUTHEAST MISSOURI PROFESSIONAL STANDARDS REVIEW ORGANIZATION et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 4, 1987.

Rehearing and Rehearing Denied March 9, 1987.

Attorney(s) appearing for the Case

Louis Gilden, St. Louis, Mo., for appellants.

Robert Zener, Washington, D.C., Mark Packer, St. Louis, Mo., and Jerry L. Short, Jefferson City, Mo., for appellees.

Before HEANEY and BOWMAN, Circuit Judges, and ARNOLD, District Judge.

Rehearing and Rehearing En Banc Denied March 9, 1987.

MORRIS SHEPPARD ARNOLD, District Judge.

The U.S. Department of Health and Human Services (HHS) oversees Medicare payments to doctors and hospitals. See 42 U.S.C. § 902, § 1395kk(a). As part of its oversight responsibilities, HHS is authorized to exclude doctors and hospitals from eligibility for Medicare payments if services have been provided that are substantially in excess of need or...

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