A federal court held this week that nursing home residents with disabilities may proceed in a class action against the state of Maryland for failing to provide adequate oversight of its nursing facilities. The plaintiffs are individuals with … [Read more...] about Maryland Nursing Facility Residents May Proceed with Case Claiming Failed Oversight
litigation update
Center for Medicare Advocacy Supports Beneficiaries’ Right to Sue, Again
This week, the Center for Medicare Advocacy joined the National Health Law Program and numerous other health organizations in urging the Supreme Court to confirm that individuals may sue to enforce Medicaid’s “free choice of provider” provision. The … [Read more...] about Center for Medicare Advocacy Supports Beneficiaries’ Right to Sue, Again
Center Supports Free Preventive Care and Prescription Drug Negotiation
This week the Center for Medicare Advocacy joined two amicus curiae (“friend of the court”) briefs in litigation of importance to older adults and people with disabilities.In Kennedy v. Braidwood, CMA joined members of the Chronic Illness and … [Read more...] about Center Supports Free Preventive Care and Prescription Drug Negotiation
Observation Status Appeals Are In Effect
Beneficiaries are seeing information about “a new appeal right” on the Medicare Summary Notices they receive in the mail. This right resulted from the Center for Medicare Advocacy’s class action on behalf of beneficiaries who have harmed by … [Read more...] about Observation Status Appeals Are In Effect
Court Denies Preliminary Injunction in Challenge to Nursing Home Staffing Rule
The federal district court in Iowa has denied a motion for preliminary injunction in a challenge by 20 states and 21 non-profit nursing home industry groups to the final nurse staffing rule for nursing facilities. State of Kansas v. Becerra, … [Read more...] about Court Denies Preliminary Injunction in Challenge to Nursing Home Staffing Rule
CMA Supports Critical Beneficiary Protections in Court Filings
The Center for Medicare Advocacy recently filed amicus curiae (“friend of the court”) briefs in several cases that may have a significant impact on the health care of older adults and people with disabilities.The amicus brief explains the dire … [Read more...] about CMA Supports Critical Beneficiary Protections in Court Filings
Medicare Publishes Final Rule for Hospital Observation Status Appeals
As a result of the Center for Medicare Advocacy’s class action litigation, the Centers for Medicare and Medicaid Services (CMS) issued a final rule this week to establish appeals for hospital patients whose status is changed from inpatient to … [Read more...] about Medicare Publishes Final Rule for Hospital Observation Status Appeals
Appeals Court Disallows Case on Critical Home Health Aide Services
On August 9, 2024, the U.S. Court of Appeals for the D.C. Circuit upheld the dismissal of Johnson v. Becerra, in which disabled beneficiaries sought access to the Medicare-covered home health aide services they require to remain safely in their homes … [Read more...] about Appeals Court Disallows Case on Critical Home Health Aide Services
Judge Orders Medicare to Speed Up Implementation of Observation Status Appeals
The federal judge who found that Medicare is violating beneficiaries’ constitutional rights by disallowing appeals of their placement on “observation status” in hospitals has imposed deadlines and urged Medicare to “take all possible steps, as a … [Read more...] about Judge Orders Medicare to Speed Up Implementation of Observation Status Appeals
Federal Courts Put Health Care Anti-Discrimination Rule On Hold
The Center for Medicare Advocacy recently applauded the long-awaited publication of regulations implementing nondiscrimination in health care under Section 1557 of the Affordable Care Act (ACA). The regulations aim to reduce health disparities and … [Read more...] about Federal Courts Put Health Care Anti-Discrimination Rule On Hold