title: Recovery of Medicare and Medicaid overpayments in bankruptcy.
abstract: Mr. Roest argues in favor of the Third Circuit's decision in University Medical Center v. Sullivan to advance the proposition that the Doctrine of Recoupment should be applied narrowly in health care bankruptcy cases. The article begins by introducing key provisions of the Medicare Act and Bankruptcy Code, and by distinguishing between recoupment and setoff. The article then focuses on the Third Circuit's decision, giving both a sketch of the court's decision and a commentary on the holding. The article concludes with a discussion of recoupment-related issues left open by the University Medical Center decision.
authors.affiliation: Financial Restructuring Department, Milbank, Tweed, Hadley & McCloy LLP, New York, USA.
authors.forename: P R
authors.initials: PR
authors.lastname: Roest
mesh_terms: D016361:Bankruptcy / Q000331:legislation & jurisprudence*; D054598:Blue Cross Blue Shield Insurance Plans / Q000331:legislation & jurisprudence*; D006785:Hospitals, University / Q000191:economics* / Q000331:legislation & jurisprudence; D007349:Insurance, Health, Reimbursement / Q000331:legislation & jurisprudence; D008484:Medicaid / Q000191:economics* / Q000331:legislation & jurisprudence; D016344:Medicare Part A / Q000191:economics* / Q000331:legislation & jurisprudence; D010414:Pennsylvania; D014481:United States; D014483:United States Dept. of Health and Human Services