Payment Matters: Sovereign Immunity Extended to Medicare Contractors

more+
less-
more+
less-

Win or lose, one out of two clients ask this question after an ALJ hearing: Can we sue the contractors to recoup our legal and other costs? With the recent decision from the United States Court of Appeals for the Third Circuit, the routine negative response is now, unfortunately, set in stone. In Nichole Medical Equipment & Supply, Inc. v. TriCenturion, Inc. and NHIC Corp. (Case No. 11-2132) [PDF] issued on September 13, 2012, a DMEPOS supplier that consequently went out of business sued the Medicare contractor that conducted the audit and the Medicare contractor that recouped the overpayment...

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Topics:  CMS, Fraud, Medicare, Overpayment, Sovereign Immunity

Published In: Administrative Agency Updates, Government Contracting Updates, Health Updates, Insurance Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ober|Kaler | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »