United States v. Upper Valley Clinic Hospital, Inc. And Lower Valley Clinic

SAM D. JOHNSON, Circuit Judge:

This is an appeal by the United States from a grant of summary judgment for the defendants, Upper Valley Clinic Hospital and Lower Valley Clinic (hereinafter the “Hospital”). The United States filed suit under 28 U.S.C. § 1345, seeking a refund from the Hospital for alleged Medicare overpayments. The district court granted summary judgment for the Hospital on the ground that the cause of action was time-barred. We hold that the suit is not barred by the statute of limitations and remand for trial.

The Act

The Medicare Act (hereinafter the “Act”), 42 U.S.C. § 1395…