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D&G HOLDINGS, L.L.C. v. BECERRA

No. 20-30732.

22 F.4th 470 (2022)

D&G HOLDINGS, L.L.C., formerly doing business as Doctors Lab, Plaintiff-Appellant, v. Xavier BECERRA, Secretary, U.S. Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Filed January 3, 2022.

Attorney(s) appearing for the Case

Ray M. Shepard , Shepard Law Firm, L.L.C., Pasadena, MD, Bobby Joseph Delise , Delise & Hall, New Orleans, LA, for Plaintiff-Appellant.

Karen Julian King , Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Louisiana, Lafayette, LA, Edmond Dante Anderson, III, Esq. , Assistant Regional Counsel, U.S. Department of Health & Human Services, Office of the General Counsel Region VI, Dallas, TX, for Defendant-Appellee.

Before Owen, Chief Judge, and Jones and Wilson, Circuit Judges.

Under the Medicare Act, the Department of Health and Human Services ("H.H.S.") is statutorily obliged to pay back any recouped funds when an initial overpayment determination is overturned. This appeal presents the question whether (and when) judicial review of the Secretary's allegedly incomplete repayment of recouped...

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