Sims v. United States Department of Health & Human Services (In Re TLC Hospitals Inc.)

ORDER

BREYER, District Judge.

The United States Department of Health and Human Services (“HHS”), which through its component, the Health Care Financing Administration (“HCFA”), operates the Federal Health Insurance for the Aged and Disabled program (hereinafter “Medicare”), appeals from a portion of the bankruptcy court’s judgment. The bankruptcy court precluded HHS from applying the doctrine of recoupment to recover outstanding pre-bank-ruptey petition overpayments to the debtor from post-petition underpayments to the same debtor. Having carefully read and considered the papers submitted by…