Becerra

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 EDGAR A. GAMBOA, M.D., MEDICAL Case No. 5:22-cv-02865-EJD

CORP.,

ORDER ON CROSS MOTIONS FOR Plaintiff, SUMMARY JUDGMENT 10 v. Re: ECF Nos. 22,

XAVIER BECERRA,

12 Defendant.

13 Plaintiff Dr. Edgar Gamboa seeks judicial review of the Medicare Appeals Council (“Council”) decision finding that he had improperly billed ClariVein procedures and that he was not “without fault” for the overpayments. Defendant Health and Human Services Secretary Xavier Becerra has filed excerpts of the administrative record. ECF No. 18 (“A.R.”). Both parties have moved for summary judgment in their favor. ECF Nos. 22 (“Pl. MSJ”), 25 (“Opp.”). Based on the following, the Court GRANTS IN PART and DENIES IN PART the parties’ cross motions. The Council’s decision is AFFIRMED IN PART, VACATED IN PART, and shall be REMANDED for further administrative proceedings. I. BACKGROUND A.…