Legal Opinion
UnitedHealthcare Ins. Co. v. Azar
Court of Appeals for the D.C. Circuit
Decided September 7, 2018No. Civil Case No. 16-157 (RMC)PublishedCited by 4 opinions
1Opinion of the Court
The Court: .... The definition of identified doesn't mean knew, it means knew or with reasonable diligence should have known or maybe didn't care to look.
[Counsel]: Yes, your Honor.
The Court: That's all negligence.
[Counsel]: It bears some similarities to negligence, your Honor.
The Court: Right. So it's not a knowledge based thing?
[Counsel]: Not as it has been interpreted in the overpayment rule.
Hearing Tr. at 34-36.
Most critically for the present challenge, the 2014 Overpayment Rule did not adopt something like an "FFS Adjuster" to recognize that the sources of data are not compatible, i.e. ,…
2Cases cited16 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Burlington Truck Lines, Inc. v. United StatesSupreme Court of the United States · 1962
- National Cable & Telecommunications Assn. v. Brand X Internet ServicesSupreme Court of the United States · 2005
11 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- UnitedHealthcare Insurance Co v. Xavier BecerraCourt of Appeals for the D.C. Circuit · 2021
- UnitedHealthcare Insurance Company v. Xavier Becerra (REISSUE)Court of Appeals for the D.C. Circuit · 2021
- Unitedhealthcare Insurance Company v. BurwellDistrict Court, District of Columbia · 2020
- Zafirov v. Florida Medical Associates, LLCDistrict Court, M.D. Florida · 2022