United States Ninth Circuit

In the context of reimbursement under Medicaid for a supplier of power-operated wheelchairs to Medicare beneficiaries, applicable provisions of the Medicare Act do not make a "certificate of medical necessity" signed by a physician conclusively establish that a wheelchair is medically necessary, for purposes of precluding the Secretary of Health and Human Services from requiring additional documentation.

Appellate Information

• Argued 06/13/2007
• Decided 12/21/2007
• Published 12/21/2007

Judges

• CANBY, Circuit Judge:, Before:  MARY M. SCHROEDER, WILLIAM C. CANBY, JR. and M. MARGARET McKEOWN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Howard S. Scher, Assistant United States Attorney, Civil Division, Washington, D.C., for the defendants-appellants., David C. Frederick, Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Washington, D.C., for the plaintiff-appellee.