VISITING NURSES ASS'N OF S.W. INDIANA v. SHALALA

No. 99-3494.

213 F.3d 352 (2000)

VISITING NURSES ASSOCIATION OF SOUTHWESTERN INDIANA, INC., and Visiting Nurses Health Care, Inc., Plaintiffs-Appellants, v. Donna E. SHALALA, Secretary, United States Department of Health & Human Services, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 17, 2000.

Rehearing Denied August 9, 2000.


Attorney(s) appearing for the Case

Elizabeth Zink Pearson (argued), Pearson & Bernard, Florence, KY, for plaintiffs-appellants.

Jill E. Zengler (argued), Office of the U.S. Attorney, Indianapolis, IN, Donna E. Shalala, Department of Health and Human Services, Washington, DC, Donna Morros Weinstein, Social Security Administration, Office of the General Counsel, Region V, Chicago, IL, for defendant-appellee.

Before BAUER, RIPPLE and MANION, Circuit Judges.


Rehearing En Banc Denied August 9, 2000.

RIPPLE, Circuit Judge.

The appellants, two providers of health care services in southern Indiana, sought an injunction that would halt the Government's efforts to recoup overpayments made to them through the Medicare program. The district court held that the service providers had failed to state a claim because the statutory section under which they sought relief did not allow providers to seek a waiver of their liability...

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