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ACCIDENT, INJURY AND REHABILITATION, PC v. AZAR

No. 18-2409.

943 F.3d 195 (2019)

ACCIDENT, INJURY AND REHABILITATION, PC, d/b/a Advantage Health & Wellness, Plaintiff-Appellee, v. Alex M. AZAR, II, Secretary of 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, Fourth Circuit.

Decided: November 21, 2019.

Attorney(s) appearing for the Case

ARGUED: Joshua Marc Salzman , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellants. Robert Bruce Wallace , Stephen Daniel Bittinger , NEXSEN PRUET, LLC, Charleston, South Carolina, for Appellee. ON BRIEF: Joseph H. Hunt , Assistant Attorney General, Mark B. Stern , Rachel F. Homer , Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Sherri A. Lydon , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina; Robert P. Charrow , General Counsel, Janice L. Hoffman , Associate General Counsel, Susan Maxson Lyons , Deputy Associate General Counsel for Litigation, Greg Bongiovanni , UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES, Washington, D.C., for Appellants.

Preliminary injunction vacated by published opinion. Judge Niemeyer wrote the opinion, in which Judge Wilkinson and Judge Agee joined.

According to the Department of Health and Human Services ("HHS"), healthcare provider Accident, Injury and Rehabilitation, P.C., d/b/a Advantage Health & Wellness ("Advantage Health"), was improperly paid over $6 million for Medicare claims it submitted over a four-year period that did not qualify for reimbursement....

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