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ANESTHESIOLOGISTS AFFILIATED v. SULLIVAN

No. 90-2387.

941 F.2d 678 (1991)

ANESTHESIOLOGISTS AFFILIATED, an Iowa Partnership; James A. Barnett, D.O.; James A. Barnett, D.O., P.C.; G. Robert Loerke, D.O.; G. Robert Loerke, D.O., P.C.; John P. McDonogh, CRNA; John P. McDonogh, CRNA, P.C.; O. Rex Nelson, CRNA; O. Rex Nelson, CRNA, P.C.; James E. Sykes, D.O.; James E. Sykes, D.O., P.C.; Steven R. Quam, D.O.; Steven R. Quam, D.O., P.C.; Petitioners, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided August 9, 1991.

Attorney(s) appearing for the Case

Donna Thiel, argued (Michael Flanagan, on brief), Washington, D.C., for petitioner/appellant.

John Hoyle, argued (Anthony Steinmeyer, on brief), Washington, D.C., for appellee/respondent.

Before JOHN R. GIBSON, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and WOLLMAN, Circuit Judge.

WOLLMAN, Circuit Judge.

Petitioners were found to have submitted 208 false Medicare claims. They now seek review of a civil monetary penalty and assessment of $258,000 imposed on them pursuant to the Civil Monetary Penalties Law (CMPL) 42 U.S.C. § 1320a-7a. We affirm.

I.

Petitioners are individual partners of Anesthesiologists Affiliated, the professional corporations of each of the doctor-partners, and the partnership itself (collectively AA...

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