Medicare recoupment: a legal and legislative update

In 1987, the Texas Medical Association and 20 other plaintiffs filed suit against the US Department of Health and Human Services (HHS) over the federal government's effort to recoup $14 million from physicians and patients for alleged overpayments during July 1985 through March 31, 1986. A federal district court judge granted a preliminary injunction that halted the recoupment pending a full hearing on the merits of the case and a decision. In June 1989 the Court of Appeals overturned the district court's decision, and TMA turned to the US Congress for relief. This article summarizes recent judicial and legislative progress in halting the recoupment.