• 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!

Center for Medicare Advocacy Sues Over Medicare “Self-Administered Drug” Problems

September 11, 2023

Print Friendly, PDF & Email

On September 8, 2023, the Center for Medicare Advocacy and Community Legal Services at the McGeorge School of Law filed a class action lawsuit in federal court on behalf of Medicare beneficiaries who have lost coverage for medically necessary, very expensive drugs with no warning.

The lead plaintiff, George Beitzel, 84, of California, requires Stelara, an injectable drug that – for years – was administered to him in a clinic by a health care professional to treat symptoms of Crohn’s disease. Mr. Beitzel also has Parkinson’s disease and cannot administer the drug himself due to his disability. The drug was covered under a provision that allows Medicare Part B to pay for drugs that are furnished “incident to the services of a physician.” Unbeknownst to Mr. Beitzel, Medicare changed its policy and deemed Stelara to be “usually self-administered by the patient,” meaning it would no longer be covered for him as it had been, under Part B.

Medicare provided no notice of this change and does not require medical practitioners to provide notice. Only after Mr. Beitzel received multiple additional injections from the clinic did he learn that the drug was no longer covered by Part B and that he was responsible for its full cost. He received four injections, which cost over $40,000 each. Moreover, since Mr. Beitzel cannot self-administer Stelara due to his disability, he lost safe access to the drug and has been forced to rely on a friend for administration.

The two named plaintiffs challenge Medicare’s policy of providing no notice when a drug that was covered by Part B is added to the “self-administered drug list” and thus excluded from such coverage. They raise due process and statutory claims to ensure that beneficiaries can make informed decisions about whether and how to receive these medications, and can be shielded from financial liability if they do not receive proper notice. The plaintiffs also seek to ensure that beneficiaries who cannot self-administer do not face greater barriers to accessing these drugs because of their disabilities. The complaint estimates that thousands of Medicare beneficiaries are affected by these problems nationwide.

While patients may be able get coverage of these “self-administered” drugs from their Medicare Part D plans, they need to be notified in advance to ensure they can meet their plans’ individual conditions, like formulary requirements, pharmacy networks, and prior authorizations. If the cost to beneficiaries under Part D is too high – as it can be for many injectable drugs – advance notice is essential to allow them to discuss treatment alternatives with their doctors or explore other sources of coverage.

“What happened to Mr. Beitzel and others is wrong and a clear violation of due process. Patients should not be lulled into thinking that Medicare coverage of an expensive drug is continuing, only to learn after the fact that they are responsible for exorbitant costs,” said Alice Bers, Litigation Director for the Center for Medicare Advocacy.

The Center for Medicare Advocacy is pleased to be partnering with the Community Legal Services clinic at the University of the Pacific, McGeorge School of Law in representing the plaintiffs in this case. Read the complaint in Beitzel v. Becerra, Case No. 2:23-CV-01932-DB.

Filed Under: Press Release Tagged With: litigation update

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 10,488 5,333

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 ·
11 Dec 1999172773487194169

📣Federal cuts are expected to carve a $100M hole in the Alameda Health System’s budget

@CMAorg called H.R. 1 “the largest rollback of federal support for health care in American history”

📝@DarwinBondGraha
via @Oaklandside

Learn more⬇️

Image for twitter card

Federal cuts are expected to carve a $100M hole in the Alameda Health System’s budget 

Trump’s “Big Beautiful Bill” is forcing an unprecedented $1 trillion cut to Medicaid spending. At the East Bay...

oaklandside.org

Reply on Twitter 1999172773487194169 Retweet on Twitter 1999172773487194169 0 Like on Twitter 1999172773487194169 0 X 1999172773487194169
CMAorg avatar Center for Medicare Advocacy @CMAorg ·
9 Dec 1998412815393267757

You may be paying more than you need to. Medicare Savings Programs can help pay your Medicare premiums & other costs. Many people qualify and don’t know it. These programs could save you thousands each year.
👇

Image for twitter card

Medicare Savings Programs

Get help from your state paying your Medicare Part A (Hospital Insurance) and Part B (Medical Insurance) premiums through a Medicare Savings Program.

www.medicare.gov

Reply on Twitter 1998412815393267757 Retweet on Twitter 1998412815393267757 0 Like on Twitter 1998412815393267757 0 X 1998412815393267757
CMAorg avatar Center for Medicare Advocacy @CMAorg ·
8 Dec 1998087710842703960

We know this will lead to more unjustified denials. At CMA, we’re here to answer all of your questions, help you understand your rights - including your right to appeal - and guide you through the daunting appeals process.

Image for twitter card

Medicare’s new AI experiment sparks alarm among doctors, lawmakers • Stateline

A Medicare pilot program will allow private companies to use artificial intelligence to review older Americans’ requ...

stateline.org

Reply on Twitter 1998087710842703960 Retweet on Twitter 1998087710842703960 0 Like on Twitter 1998087710842703960 0 X 1998087710842703960
Retweet on Twitter Center for Medicare Advocacy Retweeted
BoomerBenefits avatar Boomer Benefits Medicare Expert @BoomerBenefits ·
5 Dec 1996731569063551450

Lots of retirees hit the road before winter comes to go to a warmer state. However, it's important to know how your Medicare coverage works when traveling between two states.

Boomer Benefits We Speak Medicare® | 817-249-8600

#Medicare #Retirement

Image for twitter card

What do Snowbirds do for Medicare Coverage? - Boomer Benefits

Each Medicare plan works differently when you're away from your permanent residence. Here's what you need to know ...

boomerbenefits.com

Reply on Twitter 1996731569063551450 Retweet on Twitter 1996731569063551450 1 Like on Twitter 1996731569063551450 1 X 1996731569063551450
Load More

Footer

Stay Connected:

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

© 2025 · Center for Medicare Advocacy