Agendia, Inc. v. Becerra
| Docket Number | 19-56516 |
| Decision Date | 16 July 2021 |
The Ninth Circuit reversed the district court's grant of summary judgment in favor of Agendia in an action alleging that the HHS wrongfully denied its claims for reimbursement for diagnostic tests under the Medicare health insurance program. Agendia contends that the denial was improper because the local coverage determination was issued without notice and opportunity for comment in violation of a provision of the Medicare Act—specifically, 42 U.S.C. 1395hh
The panel held that section 1395hh...
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial
4 cases
-
United States ex rel. Eastlick v. Odom
...body within the United States Department of Health and Human Services. Id. § 405.904(a)(2), (b). See also Agendia, Inc. v. Becerra , 4 F.4th 896, 897 (9th Cir. 2021) (listing the four steps of administrative appeal process for claims under Medicare Parts A and B). Once a claimant has exhaus......
-
Silverado Hospice, Inc. v. Becerra
...reimbursement contained in the statute itself," so the plaintiff's "reliance on Allina [was] therefore misplaced." Agendia, Inc. v. Becerra , 4 F.4th 896, 902 (9th Cir. 2021). Here, the agency was not establishing a gap-filling policy under the Medicare statute but implementing a new direct......
-
Agendia Inc. v. Becerra
...asserting that the entire lawsuit, or at minimum two of Agendia's arguments, are precluded by prior litigation between the parties in Agendia I. Def.'s Cross-Mot. & Opp'n. Alternatively, the Secretary argues that there is no constitutional or statutory violation, and that each administrativ......
-
Agendia, Inc. v. Becerra
...asserting that the entire lawsuit, or at minimum two of Agendia's arguments, are precluded by prior litigation between the parties in Agendia I. Def.'s Cross-Mot. & Opp'n. Alternatively, the Secretary argues that there is no constitutional or statutory violation, and that each administrativ......
1 books & journal articles
-
Health Law Committee 2021 Appellate Litigation Update
...records and other non-public records maintained by State agencies).IV. MEDI-CAL, MEDICARE, AND MEDICAID Agendia, Inc. v. Becerra, 4 F.4th 896 (9th Cir. 2021) (Medicare's notice-and-comment provision does not apply to local coverage determinations).Goffney v. Becerra, 995 F.3d 737 (9th Cir. ......