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PADDA v. BECERRA

No. 21-2823.

37 F.4th 1376 (2022)

Gurpreet S. PADDA, M.D.; Interventional Center for Pain Management, P.C., Plaintiffs-Appellants v. Xavier BECERRA, in his official capacity as Secretary of the United States Department of Health and Human Services; Chiquita Brooks-LaSure, in her official capacity as Administrator for the Centers for Medicare and Medicaid Services; Wisconsin Physician Insurance Corporation, doing business as WPS Government Health Administrators, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: June 17, 2022.

Attorney(s) appearing for the Case

Christian Dennis , Scott R. Grubman , Andrew D. Mason , Chilivis & Grubman, Atlanta, GA, for Plaintiffs-Appellants.

Kyle T. Edwards , Joshua Marc Salzman , Mark B. Stern , U.S. Department of Justice, Civil Division, Appellate Staff, Washington, DC, Joshua Michael Jones , Suzanne J. Moore , Assistant U.S. Attorneys, U.S. Attorney's Office, Eastern District of Missouri, Saint Louis, MO, for Defendants-Appellees.

Before COLLOTON, MELLOY, and GRUENDER, Circuit Judges.

The government alleges that Medicare overpaid Dr. Gurpreet Padda and his medical practice, Interventional Center for Pain Management (collectively, "Dr. Padda"), approximately $5.31 million. Reviewing contractors substantially affirmed the overpayment decision at two levels of administrative review. While the third level of...

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