Legal Opinion
In re District Memorial Hospital of, Southwestern North Carolina, Inc.
United States Bankruptcy Court, W.D. North Carolina
Decided February 8, 2002No. 00-20069PublishedCited by 3 opinions
1Opinion of the Court
ORDER ALLOWING RECOUPMENT OF MEDICAID OVERPAYMENTS BY THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES
GEORGE R. HODGES, Chief Judge.
This matter is before the court on Notice of Intent to Recoup Medicaid Over-payments filed by the North Carolina Department of Health and Human Services. For the reasons stated below, the court has concluded that the State is permitted to recoup pre-petition Medicaid overpay-ments.
Jurisdiction
1. Jurisdiction is proper pursuant to 28 U.S.C. §§ 157 and 1334.
2. This matter came before the court after proper notice, and all parties are properly before the…
2Cases cited18 opinions
- Harris v. McRaeSupreme Court of the United States · 1980
- Reiter v. CooperSupreme Court of the United States · 1993
- In the Matter of Alden D. Holford, Debtor. Alden D. Holford v. Melvin Lane Powers A/K/A Mel Powers and Mel Powers D/B/A Mel Powers Investment BuilderCourt of Appeals for the Fifth Circuit · 1990
- In Re: Diane Malinowski and Stanley Malinowski, Debtor Diane Malinowski and Stanley Malinowski v. New York State Department of LaborCourt of Appeals for the Second Circuit · 1998
- In Re: Tlc Hospitals, Inc., a California Corporation, Debtor. Charles Sims v. United States Department of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 2000
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3Cited by3 opinions
- In Re Health Management Ltd. PartnershipUnited States Bankruptcy Court, C.D. Illinois · 2005
- Fischbach v. Centers for Medicare & Medicaid Services (In re Fischbach)United States Bankruptcy Court, D. South Carolina · 2012
- In Re Dist. Mem. Hosp. Of, Southwestern NcUnited States Bankruptcy Court, W.D. North Carolina · 2002