Kaiser v. Blue Cross of California

347 F.3d 1107 Gary L. KAISER and Verlene D. Kaiser, as debtors in possession, Community Home Health, Inc., Gary L. Kaiser, Shawna Exline and Sharie Monteferrante, Plaintiffs-Appellants, v. BLUE CROSS OF CALIFORNIA, United States of America, Department of Health and Welfare, Health Care Financing Agency, Defendants-Appellees. No. 02-35020. United States Court of Appeals, Ninth Circuit. Submitted May 8, 2003 * Seattle, Washington. Filed October 28, 2003. COPYRIGHT MATERIAL OMITTED Donald W. Lojek, Lojek Law Offices, Chtd., Boise, Idaho, for the plaintiffs-appellants. Thomas E. Moss and Alan G. Burrow, Department of Health and Human Services and Blue Cross of California, Boise, Idaho, for the defendants-appellees. Appeal from the United States District Court for the District of Idaho; Edward J. Lodge, District Judge, Presiding. D.C. No. CV 00-166-EJL. Before: Richard D. Cudahy, ** Diarmuid F. O'Scannlain and Ronald M. Gould, Circuit Judges. OPINION CUDAHY, Circuit Judge. 1 The Kaisers owned and operated an Idaho home health agency called Community Home Health, which was a Medicare provider operating under fiscal intermediary Blue Cross of California. In 1998, after Blue Cross ceased…