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17-3008 - Family Rehabilitation Inc v. Hargan et al


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17-3008 - Family Rehabilitation Inc v. Hargan et al
June 4, 2018
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rder. (Ordered by Judge Ed Kinkeade on 6/4/2018) (chmb) ORDER - Before the Court is Plaintiff Family Rehabilitation, Inc.'s Motion for Temporary Restraining Order and Preliminary Injunction (Doc. No. 34). The Court GRANTS Family Rehab's motion for temporary restraining order and ORDERS that CMS is restrained and enjoined from withholding Medicare payments to Family Rehab to effectuate the recoupment of any alleged overpayments. In its discretion, the Court waives the bond requirement for Family Rehab. See Kaepa, Inc. v. Achilles Corp., 76 F.3d 624, 628 (5th Cir. 1996). This temporary restraining order shall expire fourteen (14) days after the date and hour of its issuance, unless otherwise extended by the Court. The Court will set a hearing for preliminary injunction in a separate o
June 28, 2018
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MEMORANDUM OPINION AND ORDER: The Court GRANTS the 34 motion for preliminary injunction. The Court ORDERS that the Defendants are restrained and enjoined from withholding Medicare payments and receivables to Family Rehab to effectuate the recoupment of the alleged overpayments in the underlying claims until such time as an ALJ has heard and rendered a decision on Family Rehab's appeal of CMS's overpayment determination. This preliminary injunction does not enjoin Defendants from withholding Medicare payments for any new alleged claims of overpayments that may occur in the intervening time. In its discretion, the Court waives the bond requirement for Family Rehab. (Ordered by Judge Ed Kinkeade on 6/28/2018) (axm)