United States Second Circuit

Reversal of defendant's decision that denied Medicare reimbursement claims is vacated as the denial was predicated on a new rule altering the previous Medicare practice of conducting device-by-device review of safety and efficacy, and the rule is unenforceable because defendant did not satisfactorily explain the reasons for its promulgation.

Appellate Information

• Decided 11/16/2006
• Published 11/16/2006

Judges

• JACOBS, Chief Judge., Before JACOBS, Chief Judge, POOLER, and GIBSON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Jeffrey Clair, Barbara C. Biddle, Attorneys, Appellate Staff Civil Division, Department of Justice, Washington, DC (Peter D. Keisler, Assistant Attorney General, Kevin J. O'Connor, United States Attorney, on the brief), for Defendant-Appellant, Cross-Appellee., Leonard C. Homer (Ray M. Shepard, on the brief), Ober, Kaler, Grimes & Shriver, Baltimore, MD, for Plaintiffs-Appellees, Cross-Appellants.