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OHIO HOSP. ASS'N v. SHALALA

No. 97-4217.

201 F.3d 418 (1999)

OHIO HOSPITAL ASSOCIATION and American Hospital Association, Plaintiffs-Appellants, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 29, 1999

Attorney(s) appearing for the Case

James J. Hughes (argued and briefed), Thomas D. Lambros (briefed), James F. Flynn (briefed), Bricker & Eckler, Columbus, Ohio, for Appellants.

Jeffrica Jenkins Lee (argued and briefed), Barbara, C. Biddle, Douglas N. Letter (briefed), U.S. Department of Justice, Civil Division, Washington, D.C., for Appellee.

Before: NELSON, CLAY, and JOHN R. GIBSON, Circuit Judges.

OPINION

DAVID A. NELSON, Circuit Judge.

Employing tactics that the district court characterized as "heavy-handed," the Secretary of Health and Human Services has threatened a number of Ohio hospitals with draconian penalties under the False Claims Act if the hospitals do not disgorge double the amount of alleged overpayments received under the Medicare program for performing certain outpatient laboratory tests.

The hospitals contend that at the time...

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