Medicare&medicaid Gu 34,121 United States of America v. Donald M. Kass, M.D.

R. LANIER ANDERSON, III, Circuit Judge:

The United States sued Dr. Donald Kass to recover funds erroneously paid to him for provision of services under the Medicare program. The district court entered summary judgment for the government. Because we conclude that the suit was not filed within the six-year statute of limitations provided by 28 U.S.C.A. §. .2415(a) (West 1978), we reverse.

I. BACKGROUND

Title XVIII of the Social Security Act, popularly known as “Medicare,” 42 U.S. C.A. § 1395, et seq. (West 1983), consists of two distinct payment programs. Part A provides for payment for in-patient…