Cozen O’Connor: United States: Court Temporarily Enjoins CMS from Withholding Medicare Payments from Home Health Agency [Mondaq]

United States: Court Temporarily Enjoins CMS from Withholding Medicare Payments from Home Health Agency [Mondaq]

Robert Chu wrote about a home health agency victory in a fight to prevent CMS from withholding Medicare payments. We previously reported on the home health agency's first win before the Fifth Circuit (which reversed the Northern District of Texas's jurisdictional dismissal of the lawsuit). See Family Rehab., Inc. v. Azar, 886 F.3d 496 (5th Cir. 2018). We now report on its second win: the Northern District of Texas's decision, on remand, to grant the home health agency's temporary restraining order (TRO) motion and to at least temporarily enjoin CMS from withholding further Medicare payments. See Family Rehab., Inc. v. Azar, No. 3:17-CV-3008-K, 2018 BL 196462 (N.D. Tex. Jun. 4, 2018), TRO extended by Order of Jun. 18, 2018.

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Robert A. Chu

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