United States Eleventh Circuit

Determination that Medicare had overpaid plaintiff for wheelchairs it supplied to Medicare beneficiaries is affirmed as defendant has discretion to require additional submissions of evidence of medical necessity from a supplier of durable medical equipment, such as plaintiff, even after the supplier unequivocally establishes that such equipment is medically "reasonable and necessary" (and therefore covered by Part B of the Medicare Act) by submitting a "certificate of medical necessity."

Appellate Information

• Decided 11/03/2006
• Published 11/03/2006

Judges

• PER CURIAM:, Before BLACK and HULL, Circuit Judges, and RYSKAMP, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Beverly A. Pohl, Broad & Cassel, Ft. Lauderdale, FL, Paul I. Perez, Jr., U.S. Atty., Tampa, FL, Derek T. Ho, Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC, Washington, DC, for Plaintiff-Appellant.


• For Appellees:
  
• Anthony John Steinmeyer, Howard S. Scher, Dept. of Justice/App. Staff, Civ. Div., Washington, DC, for Defendant-Appellee.