Webb v. Shalala

MEMORANDUM OPINION

H. FRANKLIN WATERS, Senior District Judge.

This case is before the court for review of the decision of the Secretary of Health and Human Services that E. Russell Webb, M. D., had received overpayments under Medicare for certain laboratory services. Review of the Secretary’s underlying decision is governed by 42 U.S.C. § 1395oo(f)(l), which incorporates the standard of review of the Administrative Procedure Act (APA). Under the APA, we may set aside agency action only if it is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law.” 5…