42 C.F.R. §421.5 - General provisions

Cite as42 C.F.R. §421.5
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93 cases
  • Connecticut State Department of Social Services v. Thompson, Civ. Action No. 3:99 CV 2020 (SRU) (D. Conn. 9/9/2002), Civ. Action No. 3:99 CV 2020 (SRU).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Connecticut)
    • September 9, 2002
    ...the Secretary is ultimately directly responsible for the actions of UGS, notwithstanding that HHS has delegated its power to UGS. 42 C.F.R. § 421.5(b) ("HCFA is the real party of interest in any litigation involving the administration of the [Medicare] program."); see also Pavano v. Shalala......
  • NJ SPEECH-LANGUAGE-HEARING ASSOCIATION v. PRUDENTIAL INS. COMPANY OF AMERICA, Civ. A. No. 81-1663.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • December 3, 1982
    ...receive from the defendants does not appear in the complaint, nor does it appear in any other document of record in this case. 5 42 C.F.R. § 421.5 provides that an intermediary acts on behalf of HCFA in carrying out its administrative responsibilities under the Medicare program and that the......
  • SWEDISH AMERICAN HOSPITAL v. Sebelius, Civil Action No.: 08-2046 (RMU).
    • United States
    • United States District Courts. United States District Court (Columbia)
    • March 5, 2010
    ...behalf of the Department of Health and Human Services in carrying out certain administrative responsibilities that the law imposes." 42 C.F.R. § 421.5(b). Several other Circuits have concluded that fiscal intermediaries serve as "officers or employees" of the United States and therefore fal......
  • Mackenzie Medical Supply, Inc. v. Leavitt, No. CIV. AMD 04-2807.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • March 14, 2006
    ...Part B, CMS acts through private fiscal agents called "carriers." Page 769 42 U.S.C. § 1395; 42 C.F.R. Part 421, Subparts A and C, and 42 C.F.R. § 421.5(b). Carriers are private entities, generally insurance companies, that, under contract with the Secretary, perform a variety of functions,......
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