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IN RE SLATER HEALTH CENTER, INC.

No. 04-1349.

398 F.3d 98 (2005)

In re SLATER HEALTH CENTER, INC., Debtor. Slater Health Center, Inc., Plaintiff, Appellant, v. United States; Blue Cross & Blue Shield of Rhode Island, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 16, 2005.

Attorney(s) appearing for the Case

Matthew J. McGowan, with whom Salter McGowan Sylvia & Leonard, Inc. was on brief, for appellant.

Joseph M. DiOrio, with whom R. Daniel Prentiss, Robert J. Crohan, Jr., and Holland & Knight, LLP were on brief, for appellee Blue Cross & Blue Shield of Rhode Island.

Michael P. Iannotti, Assistant U.S. Attorney, with whom Robert Clark Corrente, U.S. Attorney, was on brief, for appellee United States.

Before TORRUELLA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LYNCH, Circuit Judge.

LYNCH, Circuit Judge.

Slater Health Center ("Slater"), a nursing home which is currently in Chapter 11 bankruptcy, was overpaid by Medicare because it took Medicare money for the expenses of third party-provided services but then did not pay those third parties as required. 42 U.S.C. § 1395g(a); 42 C.F.R. § 413.100(c). The government sought to recover these overpayments by reducing Medicare reimbursements due to the bankrupt but still operational Slater...

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