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IN RE TLC HOSPITALS, INC.

No. 98-16327.

224 F.3d 1008 (2000)

In re TLC HOSPITALS, INC., a California corporation, Debtor. Charles Sims, Plaintiff-Appellant, v. United States Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 12, 2000.

Attorney(s) appearing for the Case

Rachel K. Nunes, Abbey, Weitzenberg, Hoffman & Emery, Santa Rosa, California, for the plaintiff-appellant.

Jeffrey A. Clair, Civil Division, Department of Justice, Washington, D.C., for the defendant-appellee.

Before: CANBY and SILVERMAN, Circuit Judges, and FITZGERALD, District Judge

CANBY, Circuit Judge:

TLC Hospitals, Inc. ("TLC") was the operator of skilled nursing facilities that provided many of their services subject to reimbursement by Medicare, a health insurance program administered by the United States Department of Health and Human Services ("HHS"). In 1994, TLC filed a petition in bankruptcy but continued to provide Medicare nursing services for some time thereafter. Audits then revealed...

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