Department of Social Services v. Bowen
Court of Appeals for the Eighth Circuit
1Opinion of the Court
BOWMAN, Circuit Judge.
This appeal focuses on a dispute between the Department of Health and Human Services (HHS) and the Missouri Department of Social Services (DOSS) over the meaning of “overpayment” under Title XIX of the Social Security Act, 42 U.S.C. § 1396b(d)(2). As a result of a Health Care Financing Administration (HCFA)1 review of payments made by DOSS before October 1981 to nursing homes participating in the Missouri Medicaid program, HHS identified excessive payments to some of the homes. After notifying DOSS that it considered the excess an “overpayment” under subsection…
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