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
litigation update
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
Connecticut Federal Court Rejects Challenge to Drug Price Negotiation
Another federal district court has denied the pharmaceutical industry’s attempts to thwart Medicare’s ability to negotiate for lower drug prices. On July 3, 2024, Judge Michael P. Shea of the U.S. District Court in Hartford, Connecticut denied … [Read more...] about Connecticut Federal Court Rejects Challenge to Drug Price Negotiation
Ruling Issued on Affordable Care Act’s Preventive Health Services Rules
The Fifth Circuit court of appeals recently issued a ruling on the Affordable Care Act’s preventive health services rules, including recommendations from the US Preventive Services Task Force (USPSTF). The case challenged the ACA’s … [Read more...] about Ruling Issued on Affordable Care Act’s Preventive Health Services Rules
Public Health Laws at Risk as Supreme Court Curtails Power of Federal Agencies
In decisions that will have far-reaching effects on public health and safety, the Supreme Court issued several opinions in its recently concluded term that curtail the power of federal agencies and increase the power of courts. The decisions will … [Read more...] about Public Health Laws at Risk as Supreme Court Curtails Power of Federal Agencies
Center Appeals Incorrect Skilled Nursing Facility Decision to Court
On June 25, 2024, the Center for Medicare Advocacy requested federal court review of a fundamentally erroneous decision regarding coverage of skilled nursing facility (SNF) care.The case involves services for a Connecticut resident who was … [Read more...] about Center Appeals Incorrect Skilled Nursing Facility Decision to Court
Language Access Case Resolves Favorably for Older Adults
A lawsuit pursuing language access rights for older adults in health care has been voluntarily dismissed in light of the publication of strong, protective regulations under Section 1557 of the Affordable Care Act. Chinatown Service Center v. … [Read more...] about Language Access Case Resolves Favorably for Older Adults
Olmstead’s 25th Anniversary
On June 22, 1999, the Supreme Court issued the landmark opinion of Olmstead v. L.C., one of the most important civil rights decisions for disabled people in the United States. It found that the unnecessary segregation of people with disabilities into … [Read more...] about Olmstead’s 25th Anniversary
Lawsuits Attack Protections Against Improper Medicare Marketing Tactics
Many beneficiaries rely on insurance agents and brokers to compare and select Medicare coverage options, but agents and brokers may not always act in the best interests of the individuals they advise and enroll. In April 2024, the Centers for … [Read more...] about Lawsuits Attack Protections Against Improper Medicare Marketing Tactics