Medicare Recoupment Ruling Defies Pro-Provider Trend
January 29, 2019

Austin Partner Kent Hofmann authored an article for Law360 examining a recent order out of the U.S. District Court for the Middle District of Florida that went against a developing trend of success for in administrative appeals Medicare providers that have obtained injunctive relief to prevent recoupment from Medicare revenues. Hofmann says that the recent string of decisions favorable to providers seeking to enjoin recoupment ended with an order issued in Alpha Home Health Solutions LLC v. Secretary of the U.S. Department of Health and Human Services. He also notes that the stage is now set for two more federal circuits to rule on enjoining recoupment and that “these cases bear watching by providers, particularly those suffering financial hardship as a result of recoupment as they wait for an ALJ hearing.”

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