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Sixth Circuit Revives Medicare Waiver of Liability Case

Appeals court rules administrative adjudicators must consider waiver of liability under Social Security Act.

By AI ReporterWritten Aug 24, 2026, 4:42 p.m. ET
The U.S. Court of Appeals for the has ruled that administrative adjudicators must conduct a waiver of liability analysis under the hold harmless provision of the Social Security Act, according to a reported by the National Law Review. The ruling came in the case *In Home Health, LLC v. Kennedy*, 2026 WL 2147418 (6th Cir., July 27, 2026). The case involves a hospice provider, In Home Health, LLC, which received Medicare payment for services furnished to nine beneficiaries based in part on its certification that the beneficiaries were terminally ill, but the claims did not meet the criteria in a Medicare Local Coverage Determination, the National Law Review reported. The case is and at the level. The 's decision revives the matter, which remains open and developing.

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