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GENERAL MEDICINE, P.C. v. AZAR

No. 19-1365.

963 F.3d 516 (2020)

GENERAL MEDICINE, P.C., Plaintiff-Appellant, v. Alex M. AZAR, II, Secretary of the U.S. Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 24, 2020.

Attorney(s) appearing for the Case

ARGUED: Barry M. Rosenbaum , SEYBURN KAHN, P.C., Southfield, Michigan, for Appellant. John B. Meixner, Jr. , UNITED STATES ATTORNEY'S OFFICE, Detroit, Michigan, for Appellee. ON BRIEF: Barry M. Rosenbaum , SEYBURN KAHN, P.C., Southfield, Michigan, for Appellant. Sarah Karpinen , UNITED STATES ATTORNEY'S OFFICE, Detroit, Michigan, for Appellee. Joanne Geha Swanson , KERR, RUSSELL & WEBER, PLC, Detroit, Michigan, for Amici Curiae.

SILER, J., delivered the opinion of the court in which MURPHY, J., joined, and COLE, C.J., joined in part. MURPHY, J. (pp. 526-27), delivered a separate concurring opinion. COLE, C.J. (pp. 527-28), delivered a separate opinion concurring in part and dissenting in part.

OPINION

General Medicine appeals a post-payment audit that began over fifteen years ago. The audit revealed many of General Medicine's Medicare claims should not have been paid or should not have been paid at the level billed. The auditor requested records from the long-term care facilities where General Medicine...

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