Legal Opinion

Gabriel Szekely, M.D. v. Florida Medical Association, Caspar W. Weinberger, Secretary of Health, Education and Welfare

Court of Appeals for the Fifth Circuit

Decided August 8, 1975No. 74-3398PublishedCited by 26 opinions

1Opinion of the Court

GODBOLD, Circuit Judge:

This is a companion case to Mount Sinai Hospital of Greater Miami, Inc. v. Weinberger, 517 F.2d 329 (CA5, 1975), decided this date. Proceeding as in that case on the theory of a common law right to recoup, the Department of Health, Education and Welfare [HEW] attempted to recoup from Dr. Gabriel Szekely approximately $14,000 allegedly paid to him for medically unnecessary services provided to beneficiaries under the Medicare supplementary medical insurance system in 1970. Before HEW could put into effect a freeze on future payments to him to offset the amount claimed,…

2Cases cited3 opinions

  1. Mount Sinai Hospital of Greater Miami, Inc. v. Caspar Weinberger, Secretary of Health, Education and Welfare, and Blue Crossof Florida, Inc.Court of Appeals for the Fifth Circuit · 1975
  2. McKnight v. United StatesSupreme Court of the United States · 1879
  3. Mount Sinai Hospital of Greater Miami, Inc. v. WeinbergerDistrict Court, S.D. Florida · 1974

3Cited by26 opinions

  1. Mount Sinai Hospital of Greater Miami, Inc. v. Caspar Weinberger, Secretary of Health, Education and Welfare, and Blue Crossof Florida, Inc.Court of Appeals for the Fifth Circuit · 1975
  2. In Re Yonkers Hamilton Sanitarium Inc.United States Bankruptcy Court, S.D. New York · 1982
  3. Alabama Hospital Ass'n v. United StatesUnited States Court of Claims · 1981
  4. Chaves County Home Health Service, Inc. v. Louis W. Sullivan, M.D., Secretary, Department of Health and Human ServicesCourt of Appeals for the D.C. Circuit · 1991
  5. Medicare&medicaid Gu 34,121 United States of America v. Donald M. Kass, M.D.Court of Appeals for the Eleventh Circuit · 1984

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