Austin Partner Kent Hofmann Quoted in Bloomberg Law on Increase of Preliminary Injunctions for Health Care Providers Contesting HHS Repayment Claims

Kent Hofmann, a Commercial Litigation Partner in Locke Lord’s Austin office, provided insight to Bloomberg Law on the recent trend of courts agreeing to block the Department of Health and Human Services or the Centers for Medicare & Medicaid Services from recouping money from health systems and medical practices that are faced with irreparable financial harm while withstanding the case backlog during Medicare reimbursement appeals. Regarding the increased number of these instances, Hofmann said: “It does seem like there’s been a run of cases since March and I think the thing that kicked it off was the Fifth Circuit’s opinion in Family Rehab Inc.”

In order to receive a preliminary injunction, Hofmann also noted that health care providers need to make sure they present evidence that shows they will suffer an imminent, irreparable injury if the money is collected. 

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