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A1 DIABETES & MEDICAL SUPPLY v. AZAR

No. 18-6303.

937 F.3d 613 (2019)

A1 DIABETES & MEDICAL SUPPLY, Plaintiff-Appellee, v. Alex M. AZAR II, Secretary for the United States Department of Health and Human Services; Seema Verma, Administrator for the Centers for Medicare and Medicaid Services, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 22, 2019.

Attorney(s) appearing for the Case

ARGUED: Joshua M. Salzman , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellants. Jonathan E. Nelson , BASS, BERRY & SIMS PLC, Memphis, Tennessee, for Appellee. ON BRIEF: Joshua M. Salzman , Rachel F. Homer , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellants. Jonathan E. Nelson , John S. Golwen , BASS, BERRY & SIMS PLC, Memphis, Tennessee, Parker D. Eastin , NICHOLSON & EASTIN, LLP, Fort Lauderdale, Florida, for Appellee.

Before: GILMAN, SUTTON, and WHITE, Circuit Judges.

OPINION

In 2017, A1 Diabetes & Medical Supply learned that government auditors thought that the company had overcharged a federal agency by several million dollars for services provided to Medicare beneficiaries. A1 challenged the auditors' decisions at two levels of the Medicare appeals process but changed the...

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