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MED-CERT HOME CARE, L.L.C. v. BECERRA

No. 20-10443.

19 F.4th 828 (2021)

MED-CERT HOME CARE, L.L.C., Plaintiff-Appellee, v. Xavier BECERRA, Secretary, U.S. Department of Health and Human Services; Seema Verma, Administrator for Centers for Medicare and Medicaid, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Filed December 9, 2021.

Attorney(s) appearing for the Case

Mark E. Price , Coldspring, TX, for Plaintiff-Appellee.

Joshua Marc Salzman , Kyle T. Edwards , U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, Sarah Elizabeth Delaney , U.S. Attorney's Office, Northern District of Texas, Dallas, TX, for Defendants-Appellants.

Before DENNIS, ELROD, and DUNCAN, Circuit Judges.

Med-Cert Home Care, L.L.C. sued the federal officials in charge of administering the Medicare program for alleged violations of its procedural due process rights. Med-Cert claimed that when the Department of Health and Human Services (HHS) sought to recoup overpaid...

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