On May 22, 2020, the government appealed the district court’s decision in Alexander v. Azar. The Azar court ordered Medicare to allow beneficiaries to appeal when their hospital status is switched from inpatient to “observation status”. The Alexander … [Read more...] about Government Appeals “Observation Status” Court Decision
Litigation
Update on ACA-Repeal Lawsuit
On January 21, 2020, the Supreme Court declined to grant expedited review of the lawsuit that seeks to strike down the entire Affordable Care Act (ACA). Texas and several other states are pursuing the case (now called California v. Texas) with the … [Read more...] about Update on ACA-Repeal Lawsuit
Center Opposes Harmful “Public Charge” Rule
The Center has joined other organizations that advocate for older adults in filing amicus briefs in several lawsuits challenging the Department of Homeland Security’s “public charge” rule. The regulation, finalized last year, represents a drastic … [Read more...] about Center Opposes Harmful “Public Charge” Rule
Alexander v. Azar Trial Update – Seeking an Appeal of Outpatient Observation Status
Since 2011 the Center for Medicare Advocacy has been pursuing a nationwide class action lawsuit seeking an appeal for Medicare beneficiaries who are classified as hospital outpatients in observation status. (Alexander v. Azar, 3:11-cv-1703, U.S. … [Read more...] about Alexander v. Azar Trial Update – Seeking an Appeal of Outpatient Observation Status
CMA Alert – Tax Cuts will Hurt, Not Help; Sherman Fairness Hearing Set; “Homebound” Settlement Objections Due; More
Words Matter. Tax Cuts Will Hurt, Not Help America Final Week in Health Care Sabotage – 2017 ACA Open Enrollment Over in Most States Social Isolation Among Older Medicare Beneficiaries Reminder: Objections to "Homebound" … [Read more...] about CMA Alert – Tax Cuts will Hurt, Not Help; Sherman Fairness Hearing Set; “Homebound” Settlement Objections Due; More
CMA Alert – It’s Enrollment Season; CMS Reissues HH Booklet; “Homebound” Case Settlement; More
It's Health Care Enrollment Season NEW! CMS Again Reissues Improved Medicare Home Health Booklet THIS Week In ACA Sabotage... Happy Anniversary SSI Medicare "Homebound" Class Action Settled – Fairness Hearing Set … [Read more...] about CMA Alert – It’s Enrollment Season; CMS Reissues HH Booklet; “Homebound” Case Settlement; More
Olsen-Ecker v. Burwell
No. 3:15-cv-1468-JAM, filed October 9, 2015 Issue: Whether the extremely high denial rates (98% and higher) at the redetermination and reconsideration stages of administrative review for home health care claims violate the Medicare statute and the … [Read more...] about Olsen-Ecker v. Burwell
Bremby v. Burwell
No. 3:15-cv-01397 (DJS), filed September 22, 2015 Issue: Whether the Secretary violated the Medicare statute and the Due Process Clause by not recognizing that Vitamin B-12 injections represent a per se skilled nursing service and therefore the … [Read more...] about Bremby v. Burwell
Lodge v. Burwell
No. 3:15-cv-00390-JBA (D.Conn.), filed March 17, 2015 Issue: Whether extraordinary dental care should be covered because the exclusion for coverage of dental care should be limited to routine dental care. Relief Sought: Reversal of the Secretary’s … [Read more...] about Lodge v. Burwell
Ryan v. Burwell
No. 5:14-cv-269 (D.Vt.), filed Dec. 19, 2014 Issue: Whether the failure of the Secretary to apply the “prior favorable homebound decision” rule, which accords “great weight” to previous administrative decisions establishing homebound status, … [Read more...] about Ryan v. Burwell