Judge Erred On Medicare Appeals Backlog, DC Circ. Rules

Law360, New York (August 11, 2017, 3:49 PM EDT) -- A federal judge acted too hastily when he ordered the U.S. Department of Health and Human Services to clear Medicare’s huge backlog of hospital billing appeals despite HHS’ assertion that such action would be legally impossible, the D.C. Circuit ruled Friday.

In a 2-1 ruling, the D.C. Circuit ordered U.S. District Judge James E. Boasberg to take a deeper look at whether HHS can clear the backlog of roughly 600,000 billing appeals by 2021 while still protecting taxpayer dollars. The ruling is a setback for the...
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