Medicare Recoupment Ruling Defies Pro-Provider Trend

By Kent Hofmann (January 28, 2019, 3:21 PM EST) -- A recent order out of the U.S. District Court for the Middle District of Florida goes against a developing trend of success for Medicare providers that have obtained injunctive relief to prevent recoupment from Medicare revenues while the providers navigate appeals of overpayment demands by the Centers for Medicare & Medicaid Services. The provider in this most recent case has filed a notice of appeal of the district court's decision, which might eventually give the Eleventh Circuit of the United States Courts of Appeals an opportunity to weigh in on this issue, which the Fifth Circuit previously addressed. An appeal on these issues is also pending in the Fourth Circuit....

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