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Fifth Circuit judges question HHS defense in Medicare audit lawsuit

10/6/2026

Federal appeals court judges appeared skeptical of the Trump administration's arguments during a Monday hearing on Humana's lawsuit regarding Medicare Advantage audit rules. The three-judge panel from the U.S.

Court of Appeals for the Fifth Circuit seemed poised to invalidate the rule again, according to STAT+. Humana, the second largest Medicare Advantage insurer in the country, filed its lawsuit, Humana v.

The company argued that the final rule issued by the Health and Human Services Department diverged significantly from the proposed version.

Humana claimed stakeholders were not given proper notice or an opportunity to comment on these changes, which it said would be detrimental to insurers.

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