United States Sixth Circuit

Under 42 USC 1395x(v)(1)(A) of the Medicare Act, the prudent buyer concept does not include competitive bidding as a component for determining whether Medicare reimbursements to certified home health care agencies are substantially out-of-line.

Appellate Information

• Decided 11/15/2001
• Published 11/15/2001

Judges

• Before:  MERRITT, SILER, and DAUGHTREY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• John P. Konvalinka (argued and briefed), James S. McDearman (briefed), Grant, Konvalinka & Harrison, Chattanooga, TN, for Plaintiff-Appellant.


• For Appellees:
  
• Michael L. Roden (briefed), Asst. U.S. Attorney, Nashville, TN, Howard H. Lewis (argued), Department of Health and Human Services, Office of the General Counsel, Atlanta, GA, for Defendant-Appellee.