News briefs: July 2, 2018

◆ The U.S. District Court for the Northern District of Texas has stopped recoupment of a home health provider’s claims until an administrative law judge has heard its appeal. Family Rehabilitation, Inc., was granted a preliminary injunction by the federal district court, which was ordered to rehear the case by the U.S. Court of Appeals for the Fifth Circuit (RMC 4/16/18, p. 1). “The court noted that Family Rehabilitation is likely to close its doors permanently if the injunction is not granted,” says Atlanta attorney Ross Burris, with Polsinelli. About $7.6 million in disputed claims is at stake. Also, the court said the home health provider has a good chance of winning a permanent injunction on the merits of procedural due process because of the extreme backlog of cases on appeal to ALJs, he says. Contact Burris at rburris@polsinelli.com.

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