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
litigation update
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
Center Appeals Dismissal of Self-Administered Drug Lawsuit
On June 3, 2024, the Center for Medicare Advocacy and Community Legal Services at the McGeorge School of Law appealed the dismissal of a class action filed on behalf of beneficiaries who lose coverage of very expensive, medically-necessary drugs with … [Read more...] about Center Appeals Dismissal of Self-Administered Drug Lawsuit
Litigation News | May 2024
Court Dismisses Self-Administered Drug CaseOn April 22, 2024, a federal court in California granted the government’s motion to dismiss a lawsuit brought by the Center for Medicare Advocacy on behalf of beneficiaries who lost coverage of a very … [Read more...] about Litigation News | May 2024
Advocates Join Center in Comments on Observation Status Appeals
A broad coalition of 75 national, state, and local advocacy organizations joined the Center for Medicare Advocacy (the Center) in submitting comments on a rule to establish appeals for beneficiaries who have been placed in “observation status.” As a … [Read more...] about Advocates Join Center in Comments on Observation Status Appeals
Good Progress in Litigation Against Medicare Drug Price Negotiations
In nine lawsuits filed across the country, the pharmaceutical industry is challenging the Medicare drug price negotiation program established by the Inflation Reduction Act (IRA). So far, the drug companies have not scored any victories, which means … [Read more...] about Good Progress in Litigation Against Medicare Drug Price Negotiations