Angelitos Health Care v. Becerra ( 2023 )

Case: 22-40298 Document: 00516710951 Page: 1 Date Filed: 04/13/2023
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
____________ FILED
April 13, 2023
No. 22-40298 Lyle W. Cayce
____________ Clerk
Angelitos Health Care, Incorporated,
Plaintiff—Appellant,
versus
Xavier Becerra, Secretary, U.S. Department of Health and Human
Services,
Defendant—Appellee.
______________________________
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:20-CV-35
______________________________
Before King, Jones, and Duncan, Circuit Judges.
Per Curiam: *
Angelitos Health Care (“Angelitos”) provides home health care
services to Medicare beneficiaries. In 2011, a government contractor audited
a random sample of Angelitos’ 2008–09 Medicare claims, found that
numerous claims were improperly documented, and concluded through
statistical extrapolation that Angelitos had been overpaid by over $1 million.
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-40298 Document: 00516710951 Page: 2 Date Filed: 04/13/2023
No. 22-40298
Angelitos challenged the audit through Medicare’s administrative appeals
process, which involves further review by additional contractors, an
Administrative Law Judge, and the Medicare Appeals Council. See Maxmed
Healthcare, Inc. v. Price, 860 F.3d 335, 338 (5th Cir. 2017). This process
largely confirmed the initial audit. Angelitos then sought judicial review.
With the exception of one claim not relevant here, a magistrate judge
recommended upholding the Council’s decision. The district judge adopted
the recommendation in full, and Angelitos appealed.
Having carefully reviewed the record, the detailed opinion by the
magistrate judge, and the parties’ briefs, and having also heard oral
argument, we find no reversible error.
AFFIRMED.
2