United States v. Dr. H. G. Withrow, F/d/b/a Hustisford Hospital

GRADY, District Judge.

This case arises under Title 18 of the Social Security Act, 42 U.S.C. Section 1395 et seq., which establishes the Health Insurance For the Aged and Disabled Program, commonly referred to as “Medicare.” The action was commenced on June 2, 1976, by the United States, plaintiff-appellee, against Dr. H. G. Withrow, formerly doing business as Hustisford Hospital, defendant-appellant, to collect alleged overpayments made to appellant during the years 1966-1969 as a provider of services under the Medicare program.

Appellant moved the district court to dismiss the action as…