CMS Auditors Immune To Medicare Suits, 3rd Circ. Says

Law360, New York (September 14, 2012, 3:01 PM EDT) -- The Third Circuit on Thursday upheld the dismissal of a medical supply company's suit against two Medicare audit contractors over an attempt to recover overpayments, determining in a precedential ruling that the auditors were immune to the claims by law.

The three-judge panel affirmed District Judge Cynthia M. Rufe’s decision that TriCenturion Inc. and National Heritage Insurance Co.’s actions were made on behalf of the Centers for Medicare and Medicaid Services and were thus immune from legal claims under the Medicare Act, despite Nichole Medical Equipment...
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