MAXMED HEALTHCARE, INC. v. PRICE

No. 16-50398.

860 F.3d 335 (2017)

MAXMED HEALTHCARE, INCORPORATED, Plaintiff-Appellant v. Thomas PRICE, Secretary, U.S. Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED June 22, 2017.


Attorney(s) appearing for the Case

Mark S. Kennedy, Esq. , Joanna Hojdus Martin , Lurese Terrell , Kennedy, Attorneys & Counselors at Law, Dallas, TX, for Plaintiff-Appellant.

Mary F. Kruger , Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Texas, San Antonio, TX, for Defendants-Appellees.

Before JONES and OWEN, Circuit Judges, and ENGELHARDT, District Judge.


The Secretary of Health and Human Services determined that the Medicare program overpaid plaintiff-appellant Maxmed Healthcare, Inc., by almost $800,000 for home health care services rendered to Medicare beneficiaries. Maxmed sought judicial review, arguing principally that the overpayment calculation was in error...

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