Supreme Court of the United States · Official docket →
Palm Valley Health Care, Inc. v. Alex M. Azar, II, Secretary of Health and Human Services
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 18-41067 · judgment January 15, 2020
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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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.
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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.
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Whether Respondent committed error in adopting a non-scientific sampling methodology and extrapolation of the overpayment to the universe of 10,699 claims.
Counsel of record
For petitioner
Mark Stephen Kennedy
Kennedy, Attorneys & Counselors at Law
For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 05 2020Petition DENIED.
- Jul 15 2020DISTRIBUTED for Conference of 9/29/2020.
- Jul 07 2020Waiver of right of respondent Alex M. Azar, II, Secretary of Health and Human Services to respond filed.
- Jun 12 2020Petition for a writ of certiorari filed. (Response due July 27, 2020)