Update: South Carolina Lawsuit Challenges Recoupment of Funds While Medicare Appeal Is Pending

On September 5, 2008, the United States moved to dismiss the lawsuit brought by South Carolina providers who sought to enjoin the Medicare program for recouping alleged Medicare Part A overpayments while appeals were pending. (See, Case No. 8:08-2453-HFF, U.S. District Court, District of S.C., Anderson Division). The providers contended that any recoupment of funds while the appeals process is pending violates the Medicare Prescription Drug Improvement and Modernization Act of 2003 (MMA).


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