LivinRite, Inc. v. Azar, No. 1:2018cv00603 - Document 35 (E.D. Va. 2019)
Court Description: MEMORANDUM OPINION. Signed by District Judge T. S. Ellis, III on 6/17/2019. (aott)
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LivinRite, Inc. v. Azar Doc. 35 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division LIVINRITE,INC., Plaintiff, ) ) ) ) V. ALEX M.AZAR,H, Secretary ofthe United States Department ofHealth and Human Services, Defendant. Civil Action No. l:18-ev-00603 ) ) ) ) ) ) MEMORANDUM OPINION Plaintiff, a Medicare-certified home health services provider, brings this action against defendant, the Secretary of the United States Department of Health and Human Services ("the Secretary"), seeking reversal of a decision by the Medicare Appeals Council ("MAC") that plaintiff had been overpaid approximately $1 million for Medicare claims submitted from 2008 to 2010. Specifically, plaintiff challenges the MAC's determinations (i) that ten claims submitted by plaintiff were not covered by Medicare, (ii) that a valid statistical sampling methodology was used to derive through extrapolation plaintiffs total overpayment amount, and (iii) that plaintiff was not entitled to a waiver of liability for the overpayment amount. In response, defendant argues that the MAC's decision passes muster under the deferential standard ofreview prescribed by the Administrative Procedures Act("APA")^ because each ofthe MAC's conclusions applied the correct legal standards and is amply supported in the record. At issue in this matter are the parties' cross-motions for summary judgment, which have been fully briefed and argued and are thus ripe for decision. 5 U.S.C. ยง 701 etseq. Dockets.Justia.com
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