From Casetext: Smarter Legal Research

Calabrese v. U.S. Dept. of H. Human Ser.

United States Court of Appeals, Ninth Circuit
Jul 27, 2011
No. 10-55755 (9th Cir. Jul. 27, 2011)

Opinion

No. 10-55755.

Submitted July 12, 2011.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2). Accordingly, appellants' request for oral argument is denied.

July 27, 2011.

Appeal from the United States District Court for the Central District of California Cormac J. Carney, District Judge, Presiding D.C. No. 8:09-cv-00152-CJC-RNB.

Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Dorothy Calabrese, M.D., and her patients Harriet and Gene Fahl, appeal pro se from the district court's order affirming the Secretary of the Department of Health and Human Services' decision that Calabrese must reimburse Medicare for payments she received. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court's order. Maximum Comfort Inc. v. Sec'y of Health Human Servs., 512 F.3d 1081, 1088 n. 6 (9th Cir. 2007). We affirm.

The district court properly affirmed the Secretary's decision because the Secretary's finding that Calabrese failed to provide sufficient documentation to warrant payment under Medicare was "supported by substantial evidence." 42 U.S.C. § 405(g) (incorporated by reference in 42 U.S.C. § 1395ff(b)(1)(A)); Osenbrock v. Apfel, 240 F.3d 1157, 1162 (9th Cir. 2001); see also 42 U.S.C. § 1395y(a)(1)(A) (no payment may be made for services that "are not reasonable and necessary for the diagnosis or treatment of illness or injury. . ."). Moreover, the Secretary's conclusion that Calabrese was not excused from liability because she knew or should have known about the quality of patient records she was required to maintain was not "`arbitrary, capricious, an abuse of discretion, or [in violation of] law.'" Maximum Comfort, 512 F.3d at 1088 (citation omitted).

Appellants' remaining contentions are unpersuasive.

AFFIRMED.


Summaries of

Calabrese v. U.S. Dept. of H. Human Ser.

United States Court of Appeals, Ninth Circuit
Jul 27, 2011
No. 10-55755 (9th Cir. Jul. 27, 2011)
Case details for

Calabrese v. U.S. Dept. of H. Human Ser.

Case Details

Full title:DOROTHY CALABRESE, M.D.; et al., Plaintiffs-Appellants, v. U.S. DEPARTMENT…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jul 27, 2011

Citations

No. 10-55755 (9th Cir. Jul. 27, 2011)