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HARO v. SEBELIUS

No. CV 09-134 TUC DCB.

789 F.Supp.2d 1179 (2011)

Patricia HARO; John G. Balentine; Jack McNutt; and Troy Hall, as individuals and as representatives of a class of persons similarly situated, Plaintiffs, v. Kathleen SEBELIUS, Secretary of United States Department of Health and Human Services, Defendant.

United States District Court, D. Arizona.

May 9, 2011.

Attorney(s) appearing for the Case

Gill Deford, Ctr. for Medicare Advocacy Inc., Willimantic, CT, Sally Hart, Tucson, AZ, for Plaintiffs.

Adam David Kirschner, US Dept. of Justice, Washington, DC, for Defendant.

ORDER

DAVID C. BURY, District Judge.

Putative class Plaintiffs, Medicare beneficiaries and an attorney representing beneficiaries, challenge the collection practices and procedures employed by Defendant's Center for Medicare & Medicare Services (CMS) program for reimbursement under Medicare as Secondary Payer (MSP) provisions.1 The questions before the Court are purely legal: 1) whether Defendant can require prepayment of...

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