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TDFP Exclusive: Florida Wound Clinic Sues RFK Jr. and Dr. Oz Over $2.1 Million Medicare Clawback

3 hours ago
2 min read

A Florida wound care practice has sued Health and Human Services Secretary Robert F. Kennedy Jr. and Medicare chief Dr. Mehmet Oz, accusing the agency of quietly denying claims for skin-substitute treatments that Medicare had already paid for.

Quantum Practitioner Services, of Palmetto, Fla., filed the lawsuit Monday in federal court in Tampa. It seeks to overturn an order to repay $2,110,778.68. Kennedy and Oz are sued in their official capacities only.

How the Medicare Clawback Happened

According to the complaint, the practice treated three Medicare patients with chronic leg and foot wounds using a skin substitute called Dual Layer Impax Membrane between May and August 2023. Medicare initially paid the claims. A post-payment audit by a Medicare contractor later found the treatment was not reasonable and necessary and assessed an overpayment of $2,251,763.60.

The practice lost at each level of Medicare's appeals process, according to the complaint. It says an administrative law judge called the product "experimental and investigational" while refusing to consider "volumes of peer reviewed medical literature." The Medicare Appeals Council did not rule within its 90-day deadline, and in August it allowed the case to go to federal court.

The 'Retroactive Denial Policy' Claim

The lawsuit claims the clawback reflects a broader, undisclosed "Retroactive Denial Policy," under which Medicare contractors "systematically deny Medicare claims for skin substitute products that Medicare previously covered and paid for." It asks the court to reverse the decision, declare the practice owes nothing, and declare the policy unlawful.

The practice is represented by the law firm Holland & Knight.

TDFP has asked the practice's attorney for comment.

Sources: Complaint, Quantum Practitioner Services, LLC v. Kennedy et al., No. 8:26-cv-03171 (M.D. Fla., filed Oct. 19, 2026), via CourtListener: https://storage.courtlistener.com/recap/gov.uscourts.flmd.468532/gov.uscourts.flmd.468532.1.0.pdf

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