On November 8, the U.S. Supreme Court will hear oral argument in Health and Hospital Corporation of Marion County v. Talevski,[1] a nursing home case that has troubling implications for whether beneficiaries of federal programs can continue, as they … [Read more...] about Supreme Court to Hear Nursing Home Case with Broad Implications for Litigation to Enforce Federal Laws
litigation update
Center for Medicare Advocacy Sues on Behalf of Medicare Beneficiaries Seeking Fair Access to Home Health Care
Washington, DC: After years of fruitless efforts to ensure Medicare beneficiaries can receive Medicare-covered home health care in general, and aide services in particular, the Center for Medicare Advocacy (the Center) filed a lawsuit today … [Read more...] about Center for Medicare Advocacy Sues on Behalf of Medicare Beneficiaries Seeking Fair Access to Home Health Care
Proposed Civil Rights Rule Marks Important Step in Restoring Health Care Protections
This week the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services issued a proposed rule that seeks to restore critical nondiscrimination protections the previous administration rolled back. Section 1557 of the … [Read more...] about Proposed Civil Rights Rule Marks Important Step in Restoring Health Care Protections
Medicare Announces Development of Appeal Process for Certain Hospital “Observation Status” Patients
As the result of a court case, the Medicare.gov website now alerts a nationwide class of Medicare beneficiaries that they “have appeal rights” when a hospital changes their status from inpatient to outpatient observation, and that the appeal process … [Read more...] about Medicare Announces Development of Appeal Process for Certain Hospital “Observation Status” Patients
A Victory for “Off-Label” Prescription Drug Coverage
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
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