5th. Circ. Medicare Ruling Could Halt Pro-Provider Trend

Law360 (October 15, 2020, 5:56 PM EDT) -- A recent U.S. Court of Appeals for the Fifth Circuit opinion very likely forecloses the possibility of injunctive relief against recoupment for Medicare providers in that jurisdiction still faced with an overpayment demand after they have navigated the first two steps of the administrative appeal process that must be followed to challenge such a demand.

In its Sept. 18 opinion in Sahara Health Care Inc. v. Azar,[1] the court affirmed the district court's denial of injunctive relief, writing that the government had afforded the provider adequate process.

While it acknowledged the massive backlog of appeals at the third step of the appeals...

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