· 6/8/2004
Holyoke Nursing Home, Inc. v. Health Care Financing Administration
Citations
- 372 F.3d 1
- 2004 U.S. App. LEXIS 11203
- 43 Bankr. Ct. Dec. (CRR) 34
- 2004 WL 1244476
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “These courts note that subsection 1395g(a) does not compartmentalize [the Health Care Financing Administration (‘HCFA’
- when a court finds recoupment applicable there is no need for further equitable balancing; equity is what dictates that obligations arising from the same transaction give rise to recoupable claims.
- deduction of pre-petition Medicare overpayments is a transaction in the nature of recoupment
- deduction of pre-petition Medicare overpayments is a transaction in the nature of recoupment
- “Both by statute and by contract, the [government agency] has the unqualified right to recoup these overpayments in full, and to return the funds to the public fisc, where they can be used to fund other facilities providing care to . . . beneficiaries.” (Emphasis omitted.)
Source: CourtListener parenthetical corpus (CC0).
Judges: Selya, Cyr, Lynch
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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