(DOWNLOAD) "In re University Medical Center" by United States Court of Appeals for the Third Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: In re University Medical Center
- Author : United States Court of Appeals for the Third Circuit
- Release Date : January 24, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 91 KB
Description
These consolidated cross-appeals by plaintiffs, University Medical Center ("UMC") and the Official Creditors Committee, and defendant Louis W. Sullivan, Secretary of Health and Human Services, require us to delineate the appropriate relationship between a Medicare provider and the Department of Health and Human Services ("HHS" or "the Department") from the time of the providers bankruptcy petition filing until its cessation of business--a relationship shaped by the intersection of the Medicare Act and the Bankruptcy Code. Specifically, UMC raises the question of whether HHS, seeking to recover pre-petition Medicare provider reimbursement overpayments, may withhold payments for Medicare services rendered post-petition without controverting the Bankruptcy Codes automatic stay. The Secretary appeals the order of the district court, affirming the bankruptcy courts finding that HHS violated the automatic stay by withholding such payments. UMC has filed a cross-appeal based on the district courts reversal of the bankruptcy courts award of attorneys fees and costs to UMC. The district court found that the Departments violation of the automatic stay was not "willful," as is required for such an award under Bankruptcy Code section 362(h).
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