Caring Hearts Personal Home Services, Inc. v Burwell

Caring Hearts appealed the order to repay the government for services under Medicare which the government deemed not eligible form payment. The panel reversed. It held that the government erred in applying regulations adopted years after the services here were rendered and which only have prospective effect; that the statute relied upon by the government, 42 USC 1395f, can reasonably be read by Caring Hearts and other providers to mean that people who cannot leave the house without canes, wheelchairs or other assistive devises (as indeed the government did at the time services were rendered) and thus Caring Hearts could not have been on notice the services were unauthorized for lack of the necessity of the patients needing considerable and taxing effort to leave the house as current regulations now require; and that Caring Hearts could not have known its paperwork was inadequate either under either the nonexistent regulation cited in the order to repay or by the possibly applicable current regulation which was not in effect until two years after the services were rendered.

Estate of Reat v Rodriguez

Rodriguez appealed the order rejecting his qualified immunity defense. The panel reversed and remanded for entry of judgment in favor of Rodriquez. The panel held that at the time Rodriguez, a 911 operator, directed Reat to return to Denver where assailants had thrown bottles into Peat’s car windshield and those assailants returned and killed Reat, there was no clearly established law making the state created danger doctrine applicable here as there were no cases involving misconduct of 911 operators, 911 operators are not first responders like police or firefighters and there is no allegation here Reat could not have moved his car from the vicinity of the attack on his own or otherwise acted in his own interest. The panel also refused to exercise jurisdiction over state law claims.