Health care provider avoids Medicare revocation premised on violation of Medicare guidance

Client(s) Health care provider

Jones Day represented a health care provider in a Medicare revocation proceeding before the Centers for Medicare & Medicaid Services (CMS), a component of the Department of Health & Human Services. After CMS revoked the health care provider's Medicare billing privileges based on alleged violations of the Medicare guidance manual, Jones Day argued that the revocations violated the President's "Transparency and Fairness in Civil Administrative Enforcement and Adjudication" Executive Order and the Supreme Court's decision in Azar v. Allina Health Services, 139 S. Ct. 1804 (2019). Jones Day avoided litigation by persuading CMS to withdraw the Medicare revocations, to agree not take any adverse action, and to allow the health care provider to retain its Medicare billing privileges.