• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Donate Now
  • Sign Up

Center for Medicare Advocacy

Advancing Access to Medicare and Healthcare

  • Eligibility/Enrollment
  • Coverage/Appeals
    • Medicare Costs (2020 & 2021)
    • Self Help Materials – Toolkits & More
  • Topics
    • Basic Introduction to Medicare
    • COVID-19 and Medicare
    • Medicare Costs (2020 & 2021)
    • 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
    • Medicare Facts & Fiction
    • CMA in the News
  • About Us
    • Mission Statement
    • CMA FAQs
    • Personnel & Boards
    • The Center for Medicare Advocacy Founder’s Circle
    • Connecticut Dually Eligible Appeals Project
    • Ossen Medicare Outreach, Education and Advocacy Project
    • National Medicare Advocates Alliance
    • National Voices of Medicare Summit
    • CMA Webinars
    • Products & Services
    • Testimonials
    • Career, Fellowship & Internship Opportunities
    • Contact Us
  • Support Our Work
    • Donate Now
    • 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

Prendergast v. Leavitt

November 12, 2014

Print Friendly, PDF & Email

No. 3:08-CV-1148 (AHN) (D.Conn.), filed July 31, 2008

Issue: 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.

Relief Sought: Declaratory judgment, and temporary and permanent injunctive relief on behalf of an individual Medicare beneficiary.

Final Update: July 16, 2015

Status: The day after the complaint was filed, a temporary restraining order (TRO) hearing was held, and the Court granted the motion. Coverage for home health care was restored pursuant to the TRO, and has been repeatedly continued, most recently through early February 2009. The plaintiff has also moved for a preliminary injunction, and the government has moved to dismiss, both of which motions have been essentially tabled while coverage has been continued.

After the judge hearing the case resigned, it was reassigned to a new judge. At her request, the parties agreed to take the pending motions off calendar.  Ms. Prendergast died in December 2010.

In June 2011, plaintiff successfully moved to have the case restored to the court’s active docket, and then substituted the administrator of the estate as the plaintiff. On plaintiff's motion, the court dismissed the complaint as moot.  Plaintiff then filed a motion for attorneys' fees under the Equal Access to Justice Act.  On October 26, 2011, the magistrate judge to whom the motion was referred rejected all five of the defendant's reasons for denying fees altogether, but reduced the amount of fees requested by over 50%.  2011 WL 5078240.  Each party then filed an Objection to the magistrate judge's recommended ruling.  Both Objections were fully briefed, and the fee motion was submitted to the district judge after oral argument on May 14, 2012.

On March 29, 2013, the district judge rejected the government’s five reasons for denying fees. 2013 WL 1336838.  She also largely agreed with plaintiff’s objections to the magistrate judge’s determination of the amount of the fee award, deducting only 15% for work done in 2008 and awarding fees for all the other work done.

Because of several calculation errors or oversights in the decision, plaintiff filed a motion for reconsideration, which was granted on May 2, 2013, thereby increasing the award by several thousand dollars.

On the Secretary’s appeal, the Court of Appeals reversed on September 17, 2014, holding that plaintiff was not the prevailing party because the TRO did not alter the status quo (a conclusion based on the court’s understanding of the term "status quo").  768 F.3d 116.  Plaintiffs’ petition for rehearing or rehearing en banc was denied on December 29, 2014.  Plaintiffs did not seek further review, and the case is now over.

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. Check them out:

  • Medicare Basics
  • CMA Alerts
  • CMA Webinars
  • Connecticut Info & Projects
  • Health Care Stories
  • Se habla Español

Sign Up for CMA Alerts

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.

Latest Tweets

  • RT @PHInational: From long-term care financing to training standards to expanded career pathways, our new #CaringForTheFuture report… https://t.co/Oq0gaNshi9, 32 mins ago
@CMAorg

Footer

Stay Connected:

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

© 2021 · Center for Medicare Advocacy