Ellenbecker v. Centers for Medicare and Medicaid Services

ORDER

KORNMANN, District Judge.

INTRODUCTION

This is an administrative appeal from the final agency decision by the Departmental Appeals Board (“DAB”) of the United States Department of Health and Human Services (“DHHS”), upholding the Centers for Medicare and Medicaid Services (“CMS”) disallowance of certain claims for reimbursement made by the South Dakota Department of Social Services (“DSS”) and requiring South Dakota to refund by way of offsets almost $2,700,000. Also in dispute are South Dakota claims of $1,299,690 not allowed by the defendants. Plaintiffs filed a motion for summary…