ALMY v. SEBELIUS

No. 10-2241.

679 F.3d 297 (2012)

Monique D. ALMY, Chapter 7 Trustee for the Bankruptcy Estate of BioniCare Medical Technologies, Incorporated, Plaintiff-Appellant, v. Kathleen SEBELIUS, in her official capacity as Secretary, United States Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 26, 2012.


Attorney(s) appearing for the Case

ARGUED: Robert Lloyd Roth , Hooper, Lundy & Bookman, PC, Washington, D.C., for Appellant. Michael Raab , United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Matthew W. Cheney , Crowell & Moring LLP, Washington, D.C., for Appellant. William B. Schultz , Acting General Counsel, Janice L. Hoffman , Associate General Counsel, Mark D. Polston , Deputy Associate General Counsel for Litigation, Brett Bierer , Janet Freeman , Gerard Keating , Department of Health & Human Services, Washington, D.C.; Tony West , Assistant Attorney General, Irene M. Solet , United States Department of Justice, Washington, D.C.; Rod J. Rosenstein , United States Attorney, Larry D. Adams , Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellee.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge GREGORY and Judge KEENAN joined.


OPINION

WILKINSON, Circuit Judge:

Medicare Part B is a federal program that, among other things, subsidizes items of durable medical equipment for qualified recipients. Plaintiff Monique D. Almy, the Chapter 7 trustee for the bankruptcy estate of BioniCare Medical Technologies, Inc., contests determinations of the Medicare Appeals Council (MAC) refusing to provide coverage for the BIO-1000, a device to treat osteoarthritis of the knee. Almy alleges that...

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