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
litigation update
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
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