Legal Opinion

Horras v. Leavitt

Court of Appeals for the Eighth Circuit

Decided August 7, 2007No. 06-2115, 06-2124PublishedCited by 21 opinions

1Opinion of the Court

BENTON, Circuit Judge.

Thomas M. Horras is the founder, and former owner, president, and chief operating officer of Hawkeye Health Services, Inc. Christine Richards is Hawkeye’s former Director of Finance. As a “home health agency,” Hawkeye participated in Medicare and Medicaid. Horras and Richards appeal civil monetary penalties (CMPs), assessments, and exclusions from all federal health care programs, imposed by the Department of Health and Human Services (DHHS) for making “false or fraudulent” claims on Hawkeye’s cost reports. Having jurisdiction under 42 U.S.C. § 1320a-7a(e), this court…

2Cases cited11 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Consolo v. Federal Maritime CommissionSupreme Court of the United States · 1966
  3. Corkie R. Robinson v. Louis W. Sullivan, Secretary of Health and Human ServicesCourt of Appeals for the Eighth Circuit · 1992
  4. Costner v. URS Consultants, Inc.Court of Appeals for the Eighth Circuit · 1998
  5. UNITED STATES of America, Plaintiff-Appellee, v. John E. CALHOON, Defendant-AppellantCourt of Appeals for the Eleventh Circuit · 1996

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3Cited by21 opinions

  1. Ransom v. VFS, Inc.District Court, D. Minnesota · 2013
  2. United States v. Horras (In Re Horras)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2011
  3. Grace Healthcare v. United States Department of HealthCourt of Appeals for the Eighth Circuit · 2010
  4. SAINT MARYS HOSP. OF ROCHESTER, MINN. v. LeavittCourt of Appeals for the Eighth Circuit · 2008
  5. Greenbrier Nursing & Rehabilitation Center v. U.S. Department of Health & Human Services, Centers for Medicare & Medicaid ServicesCourt of Appeals for the Eighth Circuit · 2012

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