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FLORIDA MED. CENTER OF CLEARWATER v. SEBELIUS

No. 09-13922.

614 F.3d 1276 (2010)

FLORIDA MED. CENTER OF CLEARWATER, INC., Plaintiff-Appellant, v. Kathleen SEBELIUS, in her official capacity as Secretary of the United States Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 19, 2010.

Attorney(s) appearing for the Case

Daniel J. McBreen, Richard A. Gilbert, David Michael Caldevilla, de la Parte & Gilbert & Bales, P.A., Tampa, FL, for Plaintiff-Appellant.

Michelle Thresher Taylor, Tampa, FL, for Defendant-Appellee.

Before BLACK, HULL and KRAVITCH, Circuit Judges.

KRAVITCH, Circuit Judge:

In this Medicare-fraud case, we must decide whether the Secretary of Health and Human Services properly concluded that payments to a Medicare services provider that had falsified its Medicare enrollment application were an overpayment subject to recoupment. We hold that this conclusion was proper.

I. Background

In the 1980s, Dr. Surindar S. Bedi was incarcerated for committing a Medicare-related crime. As required...

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