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PALM VALLEY HEALTH CARE, INC. v. AZAR

No. 18-41067.

947 F.3d 321 (2020)

PALM VALLEY HEALTH CARE, INCORPORATED, Plaintiff-Appellant v. Alex M. AZAR II, Secretary, U.S. Department of Health and Human Services; Palmetto GBA, L.L.C., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 15, 2020.

Attorney(s) appearing for the Case

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

Courtney Dixon , U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, Jose Vela, Jr. , Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Defendant-Appellee Alex M. Azar, II, Secretary, U.S. Department of Health and Human Services.

Jose Vela, Jr. , Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Defendant-Appellee Palmetto GBA, L.L.C.

Before OWEN, Chief Judge, and HAYNES and COSTA, Circuit Judges.

With annual spending topping half a trillion dollars, Medicare is the largest recipient of federal funds after Social Security and defense.1 With so many tax dollars at stake, Congress created an administrative process through which Medicare can recover overpayments. Because of the massive...

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