Argued: August 8, 2019
from the United States District Court for the Western
District of Tennessee at Memphis. No. 2:18-cv-02612-John
Thomas Fowlkes, Jr., District Judge.
M. Salzman, UNITED STATES DEPARTMENT OF JUSTICE, Washington,
D.C., for Appellants.
Jonathan E. Nelson, BASS, BERRY & SIMS PLC, Memphis,
Tennessee, for Appellee.
M. Salzman, Rachel F. Homer, UNITED STATES DEPARTMENT OF
JUSTICE, Washington, D.C., for Appellants.
Jonathan E. Nelson, John S. Golwen, BASS, BERRY & SIMS
PLC, Memphis, Tennessee, Parker D. Eastin, NICHOLSON &
EASTIN, LLP, Fort Lauderdale, Florida, for Appellee.
Before: GILMAN, SUTTON, and WHITE, Circuit Judges.
SUTTON, Circuit Judge.
2017, A1 Diabetes & Medical Supply learned that
government auditors thought that the company had overcharged
a federal agency by several million dollars for services
provided to Medicare beneficiaries. A1 challenged the
auditors' decisions at two levels of the Medicare appeals
process but changed the auditors' minds only in a few
minor ways. The government tried to start collecting the
money, as the regulatory regime allows. Fearing bankruptcy
from the government's recoupment efforts, A1 sought and
received a preliminary injunction from a federal district
court, barring the government from recouping the money until
A1 received a hearing before an administrative law judge.
though A1 did not proceed to the third and fourth levels of
the administrative appeal, the district court and we have
jurisdiction over A1's constitutional claims. At the same
time, the appellate briefs and oral argument have identified
several factual and legal points on the merits that warrant
clarification below. We therefore vacate the district
court's order and remand the case for brief proceedings
to address these questions.
federal health insurance program, Medicare makes sure that
the elderly and disabled have access to medical care. The
program depends on a lot of entities to make sure that
beneficiaries get the help they need. One group of entities,
medical services companies like A1, provide beneficiaries or
their doctors ...