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SAHARA HEALTH CARE, INC. v. AZAR

No. 18-41120.

975 F.3d 523 (2020)

SAHARA HEALTH CARE, INCORPORATED, Plaintiff-Appellant, v. Alex M. AZAR, II, Secretary, U.S. Department of Health and Human Services; Seema Verma, Administrator for the Centers for Medicare and Medicaid Services, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED September 18, 2020.

Attorney(s) appearing for the Case

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

Joshua Marc Salzman , U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, for Defendants Appellees.

Before Elrod, Willett, and Oldham, Circuit Judges.

Congress devised an intricate procedure for medical providers to dispute Medicare recoupment: four layers of administrative review, followed by review in a federal court. But over a period of five years, administrative appeals for Medicare recoupment grew twelve-fold. At its peak...

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