LivinRite, Inc. v. Azar

Filing 35

MEMORANDUM OPINION. Signed by District Judge T. S. Ellis, III on 6/17/2019. (aott)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division

LIVINRITE,INC.,
Plaintiff,

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V.
ALEX M.AZAR,H,
Secretary ofthe United States
Department ofHealth and Human
Services,
Defendant.

Civil Action No. l:18-ev-00603

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MEMORANDUM OPINION

Plaintiff, a Medicare-certified home health services provider, brings this action against
defendant, the Secretary of the United States Department of Health and Human Services ("the
Secretary"), seeking reversal of a decision by the Medicare Appeals Council ("MAC") that

plaintiff had been overpaid approximately $1 million for Medicare claims submitted from 2008 to
2010. Specifically, plaintiff challenges the MAC's determinations

(i) that ten claims submitted by plaintiff were not covered by Medicare,
(ii) that a valid statistical sampling methodology was used to derive through extrapolation
plaintiffs total overpayment amount, and

(iii) that plaintiff was not entitled to a waiver of liability for the overpayment amount.
In response, defendant argues that the MAC's decision passes muster under the deferential

standard ofreview prescribed by the Administrative Procedures Act("APA")^ because each ofthe
MAC's conclusions applied the correct legal standards and is amply supported in the record.

At issue in this matter are the parties' cross-motions for summary judgment, which have
been fully briefed and argued and are thus ripe for decision.

5 U.S.C. § 701 etseq.