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Medical Lab’s Suit Over HHS’s Repayment Kicked Out of Court

Nov. 19, 2020, 2:52 PM

The U.S. Health and Human Services Department fought off a medical diagnostic laboratory’s lawsuit for repayment of Medicare money the agency allegedly owed it after reversing an overpayment decision because the federal court in Louisiana didn’t have jurisdiction over it, the court said.

D&G Holdings LLC’s suit wasn’t an extension of the lab’s original, administratively exhausted action, and thus couldn’t be considered as an appeal from that action, the U.S. District Court for the Western District of Louisiana said. It also didn’t qualify for mandamus jurisdiction, the court said.

The court dismissed the suit for lack of jurisdiction and failure ...

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