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CHAVES COUNTY HOME HEALTH SERVICE v. SULLIVAN

No. 90-5100.

931 F.2d 914 (1991)

CHAVES COUNTY HOME HEALTH SERVICE, INC., et al., Appellants, v. Louis W. SULLIVAN, M.D., Secretary, Department of Health and Human Services.

United States Court of Appeals, District of Columbia Circuit.

Decided April 26, 1991.

Attorney(s) appearing for the Case

James C. Pyles, with whom Barbara S. Woodall was on the brief, Washington, D.C., for appellants.

Robert M. Loeb, Atty., Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty., Barbara C. Biddle, Atty., Dept. of Justice, and Henry R. Goldberg, Counsel, Dept. of Health and Human Services, were on the brief, for appellee. John C. Hoyle, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for appellee.

Before MIKVA, Chief Judge, SENTELLE, and HENDERSON, Circuit Judges.

Opinion for the Court filed by Chief Judge MIKVA.

MIKVA, Chief Judge:

Several home health care providers appeal from a district court decision rejecting their challenges to procedures adopted by the Department of Health and Human Services ("HHS") for the recoupment of Medicare overpayments. Appellants contend that the Secretary of HHS improperly suspended the existing individual claims adjudication process under Part...

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