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Tag: temporary restraining order


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Another court issues TRO on CMS

July 24, 2018HME News Staff

BROWNSVILLE, Texas - A court has again issued a temporary restraining order prohibiting CMS from recouping overpayments until after the administrative law judge level, this time on behalf of Adams EMS, according to healthcare attorney Elizabeth Hogue. In June, the U.S. District Court for the Northern District of Texas issued a TRO on behalf of Family Rehabilitation. In this most recent case before the U.S. District Court for the Southern District of Texas, Health Integrity, a ZPIC, determined that...

ALJ, Recoupment, temporary restraining order


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Court agrees broken appeals systems is unfair

June 22, 2018Liz Beaulieu, Editor

DALLAS - A U.S. District Court's recent opinion prohibiting CMS from recouping alleged overpayments from a provider going through the appeals process until after the administrative law judge level sends a strong message, industry stakeholders say.As part of the June 4 opinion, Judge Ed Kinkeade of the U.S. District Court for the Northern District of Texas agreed to issue a temporary restraining order against CMS, the latest development in Family Rehabilitation, Inc. vs. Azar.“The system, which...

ALJ, Appeals, Backlog, Medicare, temporary restraining order


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