United States Fourth Circuit

Determination by defendant that it overpaid plaintiff Medicare reimbursement payments for power wheelchairs that plaintiff provided to Medicare recipients is affirmed over claims that: 1) the plain language of Part B of the Medicare Act provides that a completed certificate of medical necessity is always sufficient to entitle a DME supplier to reimbursement on a DME claim under Part B; 2) the district court erred in rejecting the argument that plaintiff is exempt from liability to repay any and all monies that it received for the power wheelchairs; and 3) the Paperwork Reduction Act of 1995 prevents defendant from requesting medical records in addition to CMNs for plaintiff to substantiate its DME claims for the power wheelchairs at issue.

Appellate Information

• Decided 10/31/2007
• Published 10/31/2007

Judges

• Before TRAXLER, Circuit Judge, HAMILTON, Senior Circuit Judge, and ROBERT J. CONRAD, JR., Chief United States District Judge for the Western District of North Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  David C. Frederick, Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Washington, D.C., for Appellant.  Howard S. Scher, United States Department of Justice, Civil Division, Appellate Section, Washington, D.C., for Appellee.   ON BRIEF:  Derek T. Ho, Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Washington, D.C., for Appellant.  Peter D. Keisler, Assistant Attorney General, Rod J. Rosenstein, United States Attorney, Anthony J. Steinmeyer, United States Department of Justice, Civil Division, Appellate Section, Washington, D.C., for Appellee.