Leslie Gamboni Jul. 23, 2013, 6:54am

NEW ORLEANS – Administrators of a Medicare program seeking to extend its participation in the government program have won an appeal at the U.S. Court of Appeals for the Fifth Circuit in a case against a Baton Rouge-based nursing and rehabilitation center.

Prior to receiving notice that it was no longer eligible to participate in Medicare,  the Oaks of Mid City Nursing and Rehabilitation Center had sued and was awarded a preliminary enjoinment, which extended the time period it would receive Medicare funding.

Among other things, the nursing home claimed that the government discontinued the facility’s access to Medicare’s electronic billing services, typically provided during the period of the injunction.  As a result, the facility claimed that this also led to unpaid billing and it therefore sought reimbursement.

The district court ruled in favor of The Oaks of Mid City.

The appeals court reversed.

Judges Carolyn Dineen King, Patrick E. Higginbotham and Edith Brown Clement oversaw the case and vacated the finding of contempt and reversed the judgment of the district court.

Case no. 12-30860.

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