FAMILY REHABILITATION, INC. v. AZAR

No. 17-11337.

886 F.3d 496 (2018)

FAMILY REHABILITATION, INCORPORATED, Doing Business as Family Care Texas, Doing Business as Angels Care Home Health, Plaintiff-Appellant, v. Alex M. AZAR, II, Secretary, U.S. Department of Health and Human Services; Seema Verma, Acting Administrator for the Centers for Medicare and Medicaid Services, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed March 27, 2018.


Attorney(s) appearing for the Case

Thomas F. Allen, Jr. , James A. Cox , Jones Day, Dallas, TX, Rebekah N. Plowman , Jones Day, Atlanta, GA, for Plaintiff-Appellant.

Brian Walters Stoltz , U.S. Attorney's Office, Northern District of Texas, Dallas, TX, for Defendants-Appellees.

Before REAVLEY, SMITH, and OWEN, Circuit Judges.


Family Rehabilitation, Incorporated ("Family Rehab"), a Medicare services provider, was assessed for about $7.6 million in Medicare overpayments. It appealed under Medicare's Byzantine four-stage administrative appeals process but has completed only the second stage, at which point its Medicare revenue became subject...

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