September Term, 2021 1:16-cv-00157-RMC Filed On: November 1, 2021 UnitedHealthcare… v. Xavier Becerra, in his official capacity as Secretary of Health and Human Services

United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 18-5326 September Term, 2021
1:16-cv-00157-RMC
Filed On: November 1, 2021
UnitedHealthcare Insurance Company, et al.,
Appellees
v.
Xavier Becerra, in his official capacity as
Secretary of Health and Human Services, et al.,
Appellants
BEFORE: Rogers, Pillard, and Walker, Circuit Judges
O R D E R
Upon consideration of appellees’ petition for panel rehearing filed September 27,
2021, and the response thereto, it is
ORDERED that the petition be denied. It is
FURTHER ORDERED that the opinion issued August 13, 2021, be amended as
follows:
(1) Slip Op., p. 7, lines 1-5: Delete: “We therefore reverse the district court’s grant of
summary judgment to UnitedHealth and its resulting vacatur of the Overpayment Rule and
remand for the district court to enter judgment in favor of CMS.” and
Insert in lieu thereof: “We therefore reverse the judgment of the district court vacating
the Overpayment Rule and remand this case with orders to enter judgment in favor of
Appellants, except with respect to the Overpayment Rule’s definition of ‘identified.’”
(2) Slip Op., p. 49, lines 5-7: Delete: “We accordingly reverse the judgment of the
district court and remand this case with orders to enter judgment in favor of Appellants.” and
Insert in lieu thereof: “We accordingly reverse the judgment of the district court
vacating the Overpayment Rule and remand this case with orders to enter judgment in favor
of Appellants, except with respect to the Overpayment Rule’s definition of ‘identified.’”

-- 1 of 2 --

United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 18-5326 September Term, 2021
The Clerk is directed to issue the amended opinion and to amend the judgment
issued August 13, 2021. The Clerk is further directed to issue the mandate forthwith.
Per Curiam
FOR THE COURT:
Mark J. Langer, Clerk
BY: /s/
Daniel J. Reidy
Deputy Clerk
Page 2

-- 2 of 2 --