AMERICAN AMBULANCE SERVICE v. SULLIVAN

No. 89-1582.

911 F.2d 901 (1990)

AMERICAN AMBULANCE SERVICE OF PENNSYLVANIA, INCORPORATED, Appellant, v. SULLIVAN, Louis W., in his capacity as Secretary of Health and Human Services; Roper, William, M.D., in his capacity as Administrator of the Health Care Financing Administration; and Medical Service Association of Pennsylvania, d/b/a Pennsylvania Blue Shield.

United States Court of Appeals, Third Circuit.

Decided August 14, 1990.


Attorney(s) appearing for the Case

Earl Stirling Lathrop, III (argued), Ross Van Denbergh, Ehmann, Van Denberg & Trainor, P.C., Philadelphia, Pa., for appellant.

Michael M. Baylson, U.S. Atty., Linda L. Shafer, Asst. U.S. Atty., Philadelphia, Pa., for Louis W. Sullivan, appellee.

Beverly Dennis, III, Chief Counsel, Region III, James C. Newman, Supervisory Asst., Regional Counsel, Javier A. Arrastia (argued), Asst. Regional Counsel, Office of Gen. Counsel, Dept. of Health and Human Services, Philadelphia, Pa., for William Roper, M.D., appellee.

Before SLOVITER and BECKER, Circuit Judges, and LIFLAND, District Judge.


OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal by American Ambulance Service of Pennsylvania, Inc. ("AASI"), a health care provider, challenges the district court's decision that it lacked subject matter jurisdiction to review certain Medicare Part B recoupment determinations.1 The recoupment determinations were made by a Fair Hearing Officer, acting under the auspices of the Medical Service Association of Pennsylvania...

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