5th Circ. Hints CMS Medicare Advantage Rule May Violate APA

By Spencer Brewer · October 5, 2026, 9:35 PM EDT

A Fifth Circuit panel seemed hesitant to buy an argument that a rule from the Centers for Medicare & Medicaid Services dealing with Medicare Advantage plan overpayments went through proper rulemaking...

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Case Information

Case Title

Humana v. Kennedy

Case Number

25-11293

Court

Appellate - 5th Circuit

Nature of Suit

2899 Other Statutes

Date Filed

November 26, 2025