No. 19-1425

Palm Valley Health Care, Inc. v. Alex M. Azar, II, Secretary of Health and Human Services

Lower Court: Fifth Circuit
Docketed: 2020-06-26
Status: Denied
Type: Paid
Response Waived
Tags: administrative-procedure administrative-process delay due-process fundamental-unfairness homebound-status medicare medicare-appeals overpayment overpayment-determination provider-rights statistical-sampling
Key Terms:
AdministrativeLaw SocialSecurity DueProcess
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether an administrative process that is fraught with delay and fundamental unfairness and that clearly violates the provider's constitutional Due Process rights rendered a valid and defensible decision

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether an administrative process that is fraught with delay and fundamental unfairness and that clearly violates the provider's constitutional Due Process rights rendered a valid and defensible decision. 2. Whether Respondent applied an incorrect and more onerous Medicare coverage criteria for homebound status based on subsequently issued rules due to its excessive delay in adjudicating the home health denials. 3. Whether Respondent committed error in adopting a non-scientific sampling methodology and extrapolation of the overpayment to the universe of 10,699 claims. i RULE 29.6 DISCLOSURE STATEMENT Pursuant to Rule 29.6 of the Rule of this Court, petitioner Palm Valley Health Care Incorporated states that it has no parent corporation, and no publicly held company owns 10% or more of its stock. LIST OF

Docket Entries

2020-10-05
Petition DENIED.
2020-07-15
DISTRIBUTED for Conference of 9/29/2020.
2020-07-07
Waiver of right of respondent Alex M. Azar, II, Secretary of Health and Human Services to respond filed.
2020-06-12
Petition for a writ of certiorari filed. (Response due July 27, 2020)

Attorneys

Alex M. Azar, II, Secretary of Health and Human Services
Jeffrey Bryan WallActing Solicitor General, Respondent
Jeffrey Bryan WallActing Solicitor General, Respondent
Palm Valley Health Care, Incorporated
Mark Stephen KennedyKennedy, Attorneys & Counselors at Law, Petitioner
Mark Stephen KennedyKennedy, Attorneys & Counselors at Law, Petitioner