For Additional Information Contact:

Katie Brant, Director of Communications                 

KBrant@TheHealthLawFirm.com                        

Office: (407) 331-6620                          

Cell: (717) 860-2662                                             

Orlando, Fla. - March 14, 2019 -  The Health Law Firm filed a Petition for a Writ of Certiorari with the United States Supreme Court, on March 6, 2019. The Petition seeks review by the U.S. Supreme Court of a decision of the U.S. Court of Appeals for the Sixth Circuit on behalf of the firm's clients, New Vision Home Health Care, Inc., and Saleem Shakoor.

A Petition for a Writ of Certiorari is the preliminary step for seeking review of a lower court's decision that is believed to be incorrect.  In this case, the Petition seeks a decision from the U.S. Supreme Court on whether federal court judges have jurisdiction to enforce a Medicare Administrative Law Judge's order that is favorable to a Medicare provider.  It also questioned whether federal courts have jurisdiction over additional claims filed by a Medicare provider against Medicare contractors for wrong-doing that violates state and federal law.

In this case, the Medicare provider, a large home health agency in Michigan, had an audit by a Medicare contractor.  As a result of the audit, the Medicare contractor involved used a complex mathematical formula to determine that the home health agency owed a repayment of approximately $4.1 million.  Over a period in excess of ten years, the Medicare provider successfully appealed the overpayment claim by Medicare.  Its appeals included two full administrative hearings (trials) on the matter, both resulting in decisions favorable to it.  

Meanwhile, the Medicare administrative contractor continued to withhold and recoup payments from claims it reviewed and found valid, ignoring the Administrative Law Judge's decision.  Finally, the home health agency was driven out of business by this.  It filed suit in federal court seeking enforcement of the Administrative Law Judge's decision that was in its favor.  

The federal judge ruled that she did not have jurisdiction to enforce the Administrative Law Judge's decision.

The Writ of Certiorari, which was filed on behalf of the Petitioners in this case by attorney George F. Indest III, can be viewed on The Health Law Firm's website. 

For more information and to view additional court documents in New Vision Home Health V. Anthem, visit the "Case and Litigation Documents" section of our website.

The Health Law Firm was established in 1999, bringing together a team of experienced attorneys with decades of work in the legal and health care fields, many who are also licensed health professionals.  With offices in Altamonte Springs, Orlando and Pensacola, Florida, and Denver, Colorado, the firm represents health care providers, including hospitals, nursing homes, physicians, dentists, pharmacists, psychologists, mental health professionals and other licensed health professionals and entities, nationwide.  The Health Law Firm encompasses all aspects of health law  including malpractice defense, qui-tam or "whistleblower" and false claims, defense of professional licensing cases,  Medicare and Medicaid audits, formation of corporations and limited liability companies (LLCs), Board of Medicine hearings, peer review actions, clinical privileges hearings and representation of medical students. For more information about The Health Law Firm:   www.thehealthlawfirm.com.