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FAMILY REHABILITATION, INC. v. BECERRA

No. 20-10271.

16 F.4th 1202 (2021)

FAMILY REHABILITATION, INCORPORATED, doing business as Family Care Texas, doing business as Angels Care Home Health, Plaintiff-Appellee, v. Xavier BECERRA, Secretary, U.S. Department of Health and Human Services; Seema Verma, Acting Administrator for the Centers for Medicare and Medicaid Services, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Filed November 2, 2021.

Attorney(s) appearing for the Case

Rebekah N. Plowman , Stimlabs, Roswell, GA, Elliot Clark , Attorney, Winstead, P.C., Austin, TX, Rebecca Lunceford Kolb , Chesley McLeod , Arnall, Kara Gordon Silverman , Golden & Gregory, L.L.P., Atlanta, GA, for Plaintiff-Appellee.

Joshua Marc Salzman , Kyle T. Edwards , U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, for Defendants-Appellants.

Before STEWART, HO, and ENGELHARDT, Circuit Judges.

Under the Medicare program, the Department of Health and Human Services ("HHS") can recoup overpayments made to a health care provider. 42 U.S.C. § 1395ddd. A provider can challenge an HHS overpayment determination by pursuing four steps of administrative review, followed by review in federal district court. 42 U.S.C. § 1395ff. The...

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