On February 11, 2022, the U.S. Court of Appeals for the 11th Circuit reversed a lower-court decision and found that Medicare must provide coverage for a beneficiary’s off-label use of a medication in Dobson v. Secretary of Health & Human … [Read more...] about A Victory for “Off-Label” Prescription Drug Coverage
litigation update
Court Upholds Right to Appeal for Certain Medicare Beneficiaries on “Observation Status”
On January 25, 2022, a federal appeals court decided that Medicare must provide appeal procedures for hospitalized beneficiaries who are reclassified from inpatients to “outpatients” receiving “observation services.” The observation designation can … [Read more...] about Court Upholds Right to Appeal for Certain Medicare Beneficiaries on “Observation Status”
Court Decisions Expand Rights of Medicaid Beneficiaries, Nursing Home Residents
In an important decision protecting the due process rights of beneficiaries of public health programs, the U.S. Court of Appeals for the Second Circuit held last week in Bellin v. Zucker that a Medicaid beneficiary who was denied the right to appeal … [Read more...] about Court Decisions Expand Rights of Medicaid Beneficiaries, Nursing Home Residents
Appeals Court Temporarily Pauses Implementation of Observation Status Decision While Considering Government’s Request for a Stay
In March 2020, a nationwide class of hospitalized Medicare beneficiaries who were reclassified from inpatients to “outpatients,” receiving “observation services,” won the right to appeal their designation, which can have severe ramifications for … [Read more...] about Appeals Court Temporarily Pauses Implementation of Observation Status Decision While Considering Government’s Request for a Stay
The ACA is Here to Stay, Improving Medicare and Health Security for Millions
The Center for Medicare Advocacy is relieved that the Supreme Court has left the Affordable Care Act (ACA) intact as the law of the land. Today’s decision in California v. Texas is critical for the older adults and people with disabilities who rely … [Read more...] about The ACA is Here to Stay, Improving Medicare and Health Security for Millions
Harmful “Public Charge” Rule Blocked Nationwide
The so-called “public Charge” rule allowed officials to deny permanent legal residence (green cards) to immigrants who had received or who were deemed likely to need assistance from government programs, such as most forms of Medicaid and SNAP (food … [Read more...] about Harmful “Public Charge” Rule Blocked Nationwide
U.S. Government Changes Position in Supreme Court Affordable Care Act Case
The federal government, which, in the Trump administration, was supporting Texas and several other states that are seeking to have the entire Affordable Care Act (ACA) struck down by the Supreme Court, stated yesterday that it has changed its … [Read more...] about U.S. Government Changes Position in Supreme Court Affordable Care Act Case
Plaintiffs Sue the Department of Health and Human Services (HHS) for Rolling Back Language Access Protections, Harming Older Adults’ Access to Health Care
Trump Administration’s roll-back of a civil rights rule leads to life-threatening Barriers for low-income older adults with limited English proficiency seeking health care during the pandemic CONTACTJustice in Aging - Vanessa Barrington … [Read more...] about Plaintiffs Sue the Department of Health and Human Services (HHS) for Rolling Back Language Access Protections, Harming Older Adults’ Access to Health Care
Consumer Advocacy Organizations Sue CMS Over 2017 Guidance on Civil Money Penalties Imposed Against Nursing Facilities
On July 7, 2017, the Centers for Medicare & Medicaid Services (CMS) issued sub-regulatory guidance limiting the types of civil money penalties (CMPs) that can be imposed for deficiencies that occurred at nursing facilities but were corrected … [Read more...] about Consumer Advocacy Organizations Sue CMS Over 2017 Guidance on Civil Money Penalties Imposed Against Nursing Facilities
Government Seeks to Stop Implementation of Court Order in Hospital Observation Status Case
Over 10 months ago, in March 2020, a federal district court issued an order in Alexander v. Azar stating that the Centers for Medicare & Medicaid Services (CMS) must permit certain Medicare beneficiaries to appeal the denial of their Part A … [Read more...] about Government Seeks to Stop Implementation of Court Order in Hospital Observation Status Case