Skip to main content
· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.