United States First Circuit

A government adjustment for a Medicare overpayment constitutes a recoupment, and not a setoff, and therefore, such an adjustment is permissible and unaffected by a bankruptcy estate.

Appellate Information

• Decided 02/16/2005
• Published 02/16/2005

Judges

• LYNCH, Circuit Judge., Before TORRUELLA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Matthew J. McGowan, with whom Salter McGowan Sylvia & Leonard, Inc. was on brief, for appellant.


• For Appellees:
  
• Joseph M. DiOrio, with whom R. Daniel Prentiss, Robert J. Crohan, Jr., and Holland & Knight, LLP were on brief, for appellee Blue Cross & Blue Shield of Rhode Island., Michael P. Iannotti, Assistant U.S. Attorney, with whom Robert Clark Corrente, U.S. Attorney, was on brief, for appellee United States.