The Center for Medicare Advocacy has appealed the dismissal of a lawsuit filed on behalf of beneficiaries with chronic, disabling conditions who cannot access the home health aide services they require. The proposed class action, filed in October 2022, seeks enforcement of Medicare and disability discrimination law so that beneficiaries who rely on home health aides for hands-on, personal care can live safely in their homes and communities. Medicare’s home health benefit can cover up to 28-35 hours per week of aides to provide hands-on personal care services, such as assistance with dressing, toileting, bathing, and feeding. Yet Medicare’s policies and practices unlawfully restrict the availability and coverage of home health aide services for individuals with long-term disabilities. A federal court in D.C. dismissed the complaint in April 2023 on the grounds that the plaintiffs lack standing to pursue the case. The Center is appealing that ruling. The plaintiffs are two individuals with quadriplegia as well as the National Multiple Sclerosis Society and Team Gleason, which serves people with ALS. The appeal will be heard by the U.S. Court of Appeals for the D.C. Circuit.
June 8, 2023 – A. Bers