No. 13-cv-55-JAW (D.Me.), filed February 20, 2013Issue: Whether the Secretary of Health and Human Services violated the Administrative Procedure Act when she approved a proposed state plan amendment to Maine's Medicaid program that will … [Read more...] about Bourgoin v. Sebelius
Archived Cases
Back v. Sebelius
No. 09-1706 (C.D.Cal.), filed September 8, 2009. Appeal filed January 28, 2011 (No. 11-55175, 9th Cir.)Issue: Whether the absence of an administrative appeals process for the denial of services by a hospice violates the Medicare statute and … [Read more...] about Back v. Sebelius
Situ v. Leavitt
No. C06-02841-TEH (N.D.Cal.), filed April 26, 2006 Issue: Whether CMS' failure to correctly implement the Part D prescription benefit for hundreds of thousands of dual eligibles violates the Medicare statute and the Due Process Clause. Relief … [Read more...] about Situ v. Leavitt
Center for Medicare Advocacy, Inc. v. Department of Health & Human Services (No. 10-cv-645)
No. 10-cv-645 (D.Conn.), filed April 27, 2010 Issue: Whether a request under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, about how Medicare's Improvement Standard is explained to employees of CMS and its contractors, had to be … [Read more...] about Center for Medicare Advocacy, Inc. v. Department of Health & Human Services (No. 10-cv-645)
Anderson v. Leavitt
No. 09-cv-16 (D.Vt.), filed January 22, 2009 Issue: 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 … [Read more...] about Anderson v. Leavitt
United Healthcare Insurance Co. d/b/a Evercare v. Sebelius & Starkowski
No. 09-cv-1927-MJD-JSM (D.Minn.), filed July 23, 2009 Issue: 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. Relief sought: Plaintiff seeks to reverse the … [Read more...] about United Healthcare Insurance Co. d/b/a Evercare v. Sebelius & Starkowski
Center for Medicare Advocacy, Inc. v. Department of Health & Human Services (No. 09-cv-672)
No. 09-cv-672 (D.Conn.), filed April 24, 2009 Issue: 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 … [Read more...] about Center for Medicare Advocacy, Inc. v. Department of Health & Human Services (No. 09-cv-672)
Harris v. Board of Supervisors of the County of Los Angeles
No. CV 03 2008FMC(PJWx) (C.D.Cal.), filed March 12, 2003 Updated: August 25, 2006 Issue: Whether the County of Los Angeles, under state law and the Medicare and Medicaid statutes, may close a rehabilitation hospital and eliminate 100 beds from … [Read more...] about Harris v. Board of Supervisors of the County of Los Angeles
Grijalva v. Shalala
No. CIV 93-7112 TUC ACM (D. Ariz.), filed 1993; Grijalva v. Shalala, No. 97-15877 (9th Cir.), appeal filed by defendant 1997; Shalala v. Grijalva, No. 98-1284 (S.Ct.), petition for cert. filed by defendant Final Update: October 30, … [Read more...] about Grijalva v. Shalala
Erringer v. Thompson
No. CIV01-112TUC-BPV (D. Ariz), filed March 16, 2001 Last Updated: December 15, 2004 Issue: Whether CMS's procedures for promulgating Local Coverage Determinations (LCDs) and for informing beneficiaries of the application of LCDs to their claims … [Read more...] about Erringer v. Thompson