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ACTIVE CASES
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No. 06-1607 (D.D.C.), filed September 15, 2006, appeal
filed September 29, 2006 (No. 06-5295, D.C.Cir.)
At issue in this case is whether
the Secretary's refusal to inform 230,000 Part
D-enrolled beneficiaries, who mistakenly were sent money
reflecting the amount of their monthly premiums, of
their right to request waiver of recovery, while
demanding repayment by September 30, 2006, violated the
Medicare statute and the Due Process Clause.
Updated: September 22, 2009
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Anderson
v. Leavitt
No. 09-cv-16 (D.Vt.), filed January 22, 2009
At
issue in this case is whether the Secretary's policy of
terminating Medicare coverage for a home health patient on
the ground that her condition is stable or is not improving
violates the Medicare statute and regulations.
Updated: September 22, 2009
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Back
v. Sebelius
No. 09-1706 (C.D.Cal.), filed September 8, 2009
At issue in this case is whether the
absence of an administrative appeals process for the denial of
services by a hospice violates the Medicare statute and the Due
Process Clause.
Updated: September 22, 2009
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Center for Medicare Advocacy,
Inc. v. Department of Health and Human Services
No.
09-cv-672 (D.Conn.), filed April 24, 2009
At issue in this
case is whether
a request under the Freedom of Information Act (FOIA), 5 U.S.C.
§ 552, about the possible failure of Part D plans to reimburse
LIS beneficiaries for premium payments for which they were not
responsible, had to be answered in a timely fashion.
Updated: September 22, 2009
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Fournier v. Leavitt
No. CV 08-2309-PHX-ROS (D.Ariz.), filed December 18, 2009
At
issue in this case is whether the Medicare program's prohibition
against coverage of dental services should apply to
extraordinary dental care necessary to treat a medical
condition.
Updated: September 22, 2009
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Garcia v. Johnson
No.
09-1747 (E.D.Pa.), filed April 24, 2009
At issue in this case is whether the
failure of the state and federal defendants to coordinate the
exchange of information necessary to ensure that the
beneficiaries of the Medicare Savings Program have their
Medicare premiums timely paid by the Medicaid program violates
the Medicare and Medicaid statutes and the Due Process Clause.
Updated: September 22, 2009
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Haro
v. Johnson
No.
09-cv-134-TUC-DCB (D.Ariz.), filed March 10, 2009
At issue in this
case is whether the Secretary's aggressive methods for
attempting to collect payments under his Medicare Secondary
Payer (MSP) program, directed at beneficiaries and their
attorneys, violates the Medicare statute and the Due Process
Clause.
Updated: September 22, 2009
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Hart v.
U.S. Department of Health and Human
Services
No.
09-cv-76-CKJ (D. Ariz.), filed February 6, 2009
At issue in this
case is whether the defendant's failure to respond to a
request for documents about the number of attorneys against
whom CMS has taken action to recover conditional payments
under its MSP program violates the Freedom of Information
Act.
Updated: September 22, 2009
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Landers v. Leavitt
No. 3:04CV1988JCH (D. Conn.),
filed Nov. 23, 2004
At issue in this
case is whether the Secretary's
policy of not counting time in an emergency room or in
"observation status" toward the three-day qualifying hospital
stay for purposes of establishing the right to subsequent
skilled nursing facility coverage violates the Medicare statute
and guarantees of equal protection.
Updated:
September 22, 2009
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Machado
v. Leavitt
No. 07-30111-MAP (D. Mass.), filed June 19,
2007
At issue in this case is whether the failure
of the Secretary of HHS and the Commissioner of Social Security
to stop withholding premium payments for Part D when requested
by beneficiaries, and to repay the amounts improperly withheld,
violates the Medicare statute, the anti-assignment provision of
the Social Security Act, and the Due Process Clause.
Updated: September 22, 2009
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Prendergast v.
Leavitt
No. 3:08-CV-1148 (AHN)
(D. Conn.), filed July 31, 2008
At issue in this case is whether the use of a "stability"
test to terminate home health coverage on the ground that the
patient no longer needs skilled nursing care violates the
Medicare statute and regulations.
Updated: September 22, 2009
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Situ
v. Leavitt
No. C06-02841-TEH (N.D.Cal.), filed
April 26, 2006
At issue in this case is whether CMS' failure to
correctly implement the Part D prescription benefit for hundreds
of thousands of dual eligibles violates the Medicare status and
the Due Process Clause.
Updated:
September 22, 2009
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United Healthcare Insurance Co. d/b/a
Evercare v. Sebelius & Starkowski
No.
09-cv-1927-MJD-JSM (D.Minn.), filed July 23, 2009
At issue in this
case is whether
the Secretary’s coverage of enteral feeding by a Part C plan on
the ground that it was a skilled nursing service was correct.
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