• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Donate Now
  • Sign up for CMA’s weekly newsletter!

Center for Medicare Advocacy

Advancing Access to Medicare and Healthcare

  • Eligibility/Enrollment
  • Coverage/Appeals
    • Medicare Costs
    • Self Help Materials – Toolkits & More
  • Topics
    • Basic Introduction to Medicare
    • Medicare Costs
    • Home Health Care
    • Improvement Standard and Jimmo News
    • Nursing Home / Skilled Nursing Facility Care
    • Outpatient Observation Status
    • Part B
    • Part D / Prescription Drug Benefits
    • Medicare for People Under 65
    • Medicare “Reform”
    • All Other Topics
    • Resources
      • Infographics
  • Publications
    • CMA Alerts
    • Fact Sheets & Issue Briefs
    • Infographics
    • The Medicare Handbook
    • SNF Enforcement Newsletter
    • Elder Justice Newsletter
    • Medicare Facts & Fiction
    • Articles by Topic
  • Litigation
    • Litigation News
    • Cases
    • Litigation Archive
    • Amicus Curiae Activities
  • Newsroom
    • Press Releases
    • Editorials & Letters to the Editor
    • CMA Comments, Responses, and Letters
    • CMA in the News
  • About Us
    • National Voices of Medicare Summit
    • Mission Statement
    • CMA FAQs
    • CMA Annual Impact Report
    • Personnel & Boards
    • The Center for Medicare Advocacy Founder’s Circle
    • Connecticut Dually Eligible Appeals Project
    • Community Outreach and Education Project (COEP)
    • National Medicare Advocates Alliance
    • CMA Webinars
    • Products & Services
    • Testimonials
    • Career, Fellowship & Internship Opportunities
    • Contact Us
  • Support Our Work
    • Donate Now
    • Build a Legacy with CMA
    • Join the Center for Medicare Advocacy Founder’s Circle
    • Take Action
    • Share Your Health Care Story
    • Tell Congress to Protect Our Care
    • Listen to Medicare & Health Care Stories
    • Sign up for CMA’s weekly newsletter!

Bremby v. Burwell

October 13, 2016

Print Friendly, PDF & Email

No. 3:15-cv-01397 (DJS), filed September 22, 2015

Issue: Whether the Secretary violated the Medicare statute and the Due Process Clause by not recognizing that Vitamin B-12 injections represent a per se skilled nursing service and therefore the service should have been covered, and, in general, by failing to recognize the right to coverage for per se skilled nursing services.

Relief sought: Declaratory and injunctive relief prohibiting the Secretary from not covering a per se skilled nursing service, and reversal of the decision denying coverage.

Updated: October 13, 2016

Status: On December 28, 2015, the Secretary filed a motion to remand, which plaintiff opposed. After the Court granted the motion on April 29, the Medicare Appeals Council, on June 13, reversed itself and approved the coverage. The decision, however, still included language suggesting that the Secretary was not following the law regarding per se skilled services. Plaintiff objected to the Secretary’s suggestion in a status report that the case was now moot, arguing that the requested injunctive and declaratory relief was not mooted out by the Council’s decision on the individual claim for coverage. The Court ordered the Secretary to file a motion to dismiss on her mootness contention, and that motion is expected to be fully briefed by October 20, 2016.

Filed Under: Uncategorized Tagged With: Archived Cases, Litigation

Primary Sidebar

Easy Access to Understanding Medicare

The Center for Medicare Advocacy produces a range of informative materials on Medicare-related topics.
Sign Up for CMA's Free Newsletter
Register for CMA's Free Webinars

  • Medicare Basics
  • Medicare Reform
  • CMA Alerts
  • Fact Sheets & Issue Briefs
  • CMA Webinars
  • Connecticut Info & Projects
  • Health Care Stories
  • Se habla Español

Jimmo v. Sebelius

Medicare covers skilled care to maintain or slow decline as well as to improve.

Improvement Isn’t Required. It’s the law!

Read more.

National Voices of Medicare Summit

With the many threats currently facing the Medicare program, now is the time to come together as allies and explore ways to advocate for comprehensive Medicare coverage, health equity, and quality health care. Drawing inspiration from real-life experiences and stories of beneficiaries and caregivers, we hope to share impactful discussions with you.

Learn more.

Center for Medicare Advocacy Follow 10,567 5,345

A national nonpartisan, nonprofit law organization working to advance access to comprehensive #Medicare coverage and quality #healthcare.

CMAorg
CMAorg avatar Center for Medicare Advocacy @CMAorg ·
18h 2052762406430859515

What does it mean to age well in America?

Join a free May 21 virtual screening of Aging in America: Survive or Thrive, the PBS documentary narrated by Martin Sheen and supported by our friends at @johnahartford.

The film explores aging, caregiving, ageism, affordability, and

Reply on Twitter 2052762406430859515 Retweet on Twitter 2052762406430859515 0 Like on Twitter 2052762406430859515 0 X 2052762406430859515
Retweet on Twitter Center for Medicare Advocacy Retweeted
alsadvocacy avatar ALS Advocacy @alsadvocacy ·
7 May 2052310376113492253

Image for twitter card

Glial cells reveal why some ALS cases progress slowly over decades

The core facilities of the Cibio Department of the University of Trento have all taken part in a study on amyo...

medicalxpress.com

Reply on Twitter 2052310376113492253 Retweet on Twitter 2052310376113492253 2 Like on Twitter 2052310376113492253 2 X 2052310376113492253
CMAorg avatar Center for Medicare Advocacy @CMAorg ·
5 May 2051770699463700891

Register free:
https://medicareadvocacy.org/summit-2026/?utm_source=twitter&utm_medium=organic_social&utm_campaign=summit_2026&utm_content=may5_speaker_spotlight
⠀
From advocacy, to policy, to on-the-ground beneficiary support, the Medicare landscape is shifting in important ways.
⠀
Join Martin O’Malley, Natalie Kean, Kata Kertesz, and other national experts on May 20 from 12p-430p ET for CMA’s

Reply on Twitter 2051770699463700891 Retweet on Twitter 2051770699463700891 0 Like on Twitter 2051770699463700891 0 X 2051770699463700891
CMAorg avatar Center for Medicare Advocacy @CMAorg ·
5 May 2051673303920587024

What do you think about the future of AI in healthcare? There are many promising opportunities, and also some challenges like the WISeR Model, so we're curious to know your thoughts.

Thank you @finksta and @StudyFindsorg for the beautifully written and insightful article!

Doug Kelly @dougkelly

Artificial intelligence (AI) is rapidly transforming healthcare. From accelerating disease cures to increasing transparency, AI is helping patients and doctors achieve better outcomes.

Now, a new major Harvard and Stanford study finds that AI outperforms doctors at diagnosing

Reply on Twitter 2051673303920587024 Retweet on Twitter 2051673303920587024 1 Like on Twitter 2051673303920587024 1 X 2051673303920587024
Load More

Footer

Stay Connected:

  • Contact Us
  • Sitemap
  • Products & Services
  • Copyright/Privacy

© 2026 · Center for Medicare Advocacy