Report on Medicare Compliance talked to Phillips & Cohen partner Colette Matzzie about a recent court decision now being challenged in the U.S. Court of Appeals for the 11th Circuit.
“What matters is if [Judge Mizelle] is affirmed or overturned and the scope of the decision in the 11th Circuit,” Matzzie said. “If they affirm her, there would be a circuit split and the Supreme Court likely would then take the case because it’s so important,” Matzzie said. Every other federal court, including four other circuits—the Fifth, Sixth, Ninth and 10th—have rejected challenges under Article II, including the Appointments Clause, and supported the authority of whistleblowers to act on behalf of DOJ, she said.
Read the entire article “Outlook 2025: Look for MA Cases Based on Claim Denials; Incoming DOJ May Tweak Guidance,” in Report on Medicare Compliance Volume 34, Number 1., January 13, 2025.