Family Rehabilitation Inc v. Hargan et al
| Family Rehabilitation Inc |
| Eric D Hargan and Seema Verma |
| 3:2017cv03008 |
| October 31, 2017 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| Ellis |
| Ed Kinkeade |
| Other Statutes: Other Statutory Actions |
| 45 U.S.C. ยง 1395 Railroads: Adverse Reimbursement Review |
| None |
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The following documents for this case are available for you to view or download:
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Filing
96
Memorandum Opinion and Order - Before the Court are (1) Plaintiff's Motion for Summary Judgment on Its Application for Permanent Injunctive Relief (Doc. No. 79) and (2) Defendants' Motion for Summary Judgment (Doc. No. 82). The Court considered the motions, briefs, responses, replies, and applicable law. Because the Court finds that denying Family Rehab a hearing before an Administrative Law Judge ("ALJ") prior to implementing recoupment that would result in the end of its business violates Family Rehab's right to procedural due process, the Court GRANTS Plaintiff's Motion for Summary Judgment on its Application for Permanent Injunctive Relief. Because the Court grants Family Rehab's motion but finds no grounds for an ultra vires action or mandamus relief, Defendants' Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART. (Ordered by Judge Ed Kinkeade on 1/15/2020) (chmb)
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Filing
52
MEMORANDUM OPINION AND ORDER: The Court GRANTS the 34 motion for preliminary injunction. The Court ORDERS that the Defendants are restrained and enjoined from withholding Medicare payments and receivables to Family Rehab to effectuate the recoupm ent of the alleged overpayments in the underlying claims until such time as an ALJ has heard and rendered a decision on Family Rehab's appeal of CMS's overpayment determination. This preliminary injunction does not enjoin Defendants from withholding Medicare payments for any new alleged claims of overpayments that may occur in the intervening time. In its discretion, the Court waives the bond requirement for Family Rehab. (Ordered by Judge Ed Kinkeade on 6/28/2018) (axm)
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Filing
35
ORDER - Before the Court is Plaintiff Family Rehabilitation, Inc.'s Motion for Temporary Restraining Order and Preliminary Injunction (Doc. No. 34). The Court GRANTS Family Rehab's motion for temporary restraining order and ORDERS that C MS is restrained and enjoined from withholding Medicare payments to Family Rehab to effectuate the recoupment of any alleged overpayments. In its discretion, the Court waives the bond requirement for Family Rehab. See Kaepa, Inc. v. Achilles Corp., 7 6 F.3d 624, 628 (5th Cir. 1996). This temporary restraining order shall expire fourteen (14) days after the date and hour of its issuance, unless otherwise extended by the Court. The Court will set a hearing for preliminary injunction in a separate order. (Ordered by Judge Ed Kinkeade on 6/4/2018) (chmb)
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